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BARISH v. STATE OF NEW YORK

197 Misc. 909 (1950)

Charles Barish, Claimant, v. State of New York, Defendant. (Claim No. 29996.)

Court of Claims.

April 4, 1950.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (David Marcus of counsel), for defendant.

Erwin Greenberg for claimant.

SYLVESTER, J.

In this proceeding to recover for the negligence of a national guardsman, the State moves to dismiss the claim for failure to state a cause of action upon the grounds (a) that the enabling act (L. 1949, ch. 830) does not make the operator of the New York State National Guard vehicle a State employee, and (b) that it contravenes the provisions of section 8 of article VII and section 19 of article...

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