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COWAN v. STATE OF NEW YORK

2 Misc.2d 764 (1956)

F. Burgess Cowan et al., Claimants, v. State of New York, Defendant. (Claim No. 33109.)

Court of Claims.

April 24, 1956.

Attorney(s) appearing for the Case

Alan K. Sawyer for claimants.

Jacob K. Javits, Attorney-General (Neil R. Farmelo of counsel), for defendant.

CHARLES LAMBIASE, J.

The State of New York has brought on this motion to dismiss the above-entitled claim on the ground "that it appears on the face thereof, that the claim does not state the facts sufficient to constitute a cause of action against the State of New York; and for such other and further relief as to the Court may seem just and proper." (Notice of motion.)

It is alleged in the claim, among other things, that claimants

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