ROSS v. STATE OF NEW YORK


14 Misc.2d 1068 (1959)

Matilda Ross, as Administratrix of The Estate of Thomas W. Ross, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 35314.)

Court of Claims.

January 7, 1959.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edwin F. Hoskins of counsel), for defendant.

Night, Keller & Birch (Willis D. Birch of counsel), for claimant.


RICHARD S. HELLER, J.

This is an application by the State to dismiss the claim herein, pursuant to section 107 of the Rules of Civil Practice, upon the ground that this court has no jurisdiction of the subject of the action.

Claimant's intestate, Thomas W. Ross, was hired by the Binghamton State Hospital as an attendant on July 2, 1957. His duties had been in and about the wards of the hospital until he was sent with others to bring a patient...

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