HILL v. STATE OF NEW YORK


1 A.D.2d 493 (1956)

Robert M. Hill, Appellant, v. State of New York, Respondent. (Claim No. 31285.) Ferrigan, Inc., Appellant, v. State of New York, Respondent. (Claim No. 31286.)

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

May 10, 1956.


Attorney(s) appearing for the Case

William F. Conway and Kenneth S. MacAffer, Jr., for appellants.

Jacob K. Javits, Attorney-General (Alexander Gangel of counsel), for respondent.

BERGAN, COON, HALPERN and ZELLER, JJ., concur.


FOSTER, P. J.

These claims, laid in negligence, were tried together before the Court of Claims. At the conclusion of the claimants' proof, and upon the motion of the State, each claim was dismissed. The State put in no proof, nor did it rest its case upon the claimants' evidence in the accepted sense of that term. It relied solely upon its motion to dismiss, which obviously involved only propositions of law. The...

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