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ROSENBERG v. STATE OF NEW YORK

277 A.D. 920 (1950)

Donald Rosenberg, an Infant, by David Rosenberg, His Guardian ad Litem, et al., Respondents, v. State of New York, Appellant. (Claim No. 29854.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

It is the contention of the State that subdivision 2 of section 17 of the Court of Claims Act authorizes the examination before trial of an "officer or employee" of the State only, and that members of the State National Guard are not such persons. An enabling act (L. 1949, ch. 829) authorizes the claim, however, confers jurisdiction upon the Court of Claims, and consents to the determination of such claim by the Court of Claims....

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