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SPICER v. STATE OF NEW YORK

8 Misc.2d 930 (1957)

George A. Spicer et al., Claimants, v. State of New York, Defendant. (Claim No. 34458.)

Court of Claims.

December 12, 1957.

Attorney(s) appearing for the Case

W. Franklin Ness for claimant.

Louis J. Lefkowitz, Attorney-General (Lawrence H. Wagner of counsel), for defendant.

BERNARD RYAN, P. J.

The Attorney-General moves to dismiss this claim on the ground that it appears on the face thereof that it does not state facts sufficient to constitute a cause of action against the State of New York and for such other and further relief as to this court may seem just and proper. For the purposes of the motion the allegations of the pleading are accepted as established facts. Because the...

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