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ST. REGIS TRIBE v. STATE OF NEW YORK

4 Misc.2d 110 (1956)

St. Regis Tribe of Mohawk Indians by Norman Tarbell et al., Individually as Duly Enrolled Members and as Duly Elected Chiefs of the St. Regis Tribe of Indians, on Behalf of All St. Regis Indians, Claimants, v. State of New York, Defendant. (Claim No. 32879.)

Court of Claims.

December 27, 1956.

Attorney(s) appearing for the Case

William H. Quimby, Jr., and Arthur B. Hart for claimants.

Jacob K. Javits, Attorney-General (Donald C. Glenn of counsel), for defendant.

CHARLES LAMBIASE, J.

This is a motion by the State of New York to dismiss the above-entitled claim upon the following grounds: (1) That the claim does not state a cause of action; (2) that claimant lacks legal capacity to sue the State of New York in respect to the subject matter of the claim, and that the Court of Claims lacks jurisdiction to entertain the claim; (3) that an incurable defect of parties precludes...

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