
    The Frisbie and Stansfield Knitting Company, Incorporated, Appellant, v. The State of New York, Respondent.
    
      State — claim against state dismissed on ground of failure to file notice of intention.
    
    
      Frisbie & Stansfield Knitting Co., Inc., v. State of N. Y., 189 App. Div. 341, affirmed.
    (Argued March 10, 1921;
    decided March 24, 1921.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 6, 1919, unanimously affirming a judgment in favor of defendant entered upon a dismissal by the Court of Claims of a claim by plaintiff for damages to plaintiff’s power plant arising from the construction of a wall of the Barge canal in the Oswego river. The claim was dismissed on the ground that claimant had failed to file a notice of intention to file a claim against the state as required by section 264 of the Code of Civil Procedure.
    
      Harry C. Mizen, George Noyes Burt, Elisha B. Powell and Charles N. Bulger for appellant.
    
      Charles D. Newton, Attorney-General (Edward J. Mone of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  