MTR. OF BRUMBY v. STATE OF NEW YORK


14 Misc.2d 592 (1958)

In the Matter of Robert A. Brumby, Petitioner, v. State of New York, Respondent. (Motion No. 4610.)

Court of Claims.

November 26, 1958.


Attorney(s) appearing for the Case

Richards W. Hannah and Bernard Meyerson for petitioner.

Louis J. Lefkowitz, Attorney-General (Melvyin N. Thaler of counsel), for respondent.


SIDNEY SQUIRE, J.

Petitioner moves, pursuant to subdivision 5 of section 10 of the Court of Claims Act, for an order permitting him to file a claim against the State of New York after the initial statutory time. The State's principal opposition is predicated on its assertion that the proposed claim fails to state a cause of action against it. We agree with that contention.

The essential facts averred...

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