JONES v. STATE OF NEW YORK


69 Misc.2d 1034 (1972)

Lynda Jones, Individually and as Administratrix of The Estate of Herbert W. Jones, Jr., Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 54555.)

Court of Claims.

May 2, 1972


Attorney(s) appearing for the Case

Cunningham, Cole, Sorrentino & Cavanaugh (William J. Cunningham, Jr., of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Douglas S. Dales, Jr., of counsel), for defendant.


JOHN H. COOKE, J.

This is a motion pursuant to CPLR 2215 and 3211 (subd. [a], pars. 2, 7, 8) for an order dismissing the claim upon the grounds that the court lacks jurisdiction of both subject matter as well as personal jurisdiction, and also that the claim fails to state a cause of action.

Oral arguments have been considered having been presented by both State and claimant as well as affidavits and the claimant's brief in opposition to the motion...

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