MIDDLE ATL. TRANSP. CO. v. STATE OF NEW YORK


206 Misc. 535 (1954)

Middle Atlantic Transportation Co., Inc., et al., Claimants, v. State of New York, Defendant. (Claim No. 31711.)

Court of Claims.

August 9, 1954.


Attorney(s) appearing for the Case

Thomas F. Tracy for claimants.

Nathaniel L. Goldstein, Attorney-General (Douglas L. Manley of counsel), for defendant.


LAMBIASE, J.

This is a motion made by the State of New York to dismiss the claim upon the following grounds: (1) That it does not state facts sufficient to constitute a cause of action; (2) That the court has not jurisdiction of the subject matter; and (3) That claimants have not legal capacity to sue in that they are not the proper parties.

Prior to February 22, 1951, one Kirby Hall, a truck driver and...

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