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HEISTON v. STATE OF NEW YORK

18 Misc.2d 296 (1959)

Mildred M. Heiston, as Administratrix of The Estate of P. Linwood Heiston, Deceased, Claimant, v. State of New York, Defendant. (Claim No. 35862.)

Court of Claims.

July 21, 1959.

Attorney(s) appearing for the Case

Phelps, Gray, Mansour & Hewitt (Joseph Mansour and Benjamin Hewitt of counsel), for claimant.

Louis J. Lefkowitz, Attorney-General (Stanley V. Scott of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is a motion for an order dismissing the claim herein, pursuant to rule 106 of the Rules of Civil Practice, upon the ground that it appears on the face thereof that the court has not jurisdiction of the subject of the action, and upon the further ground that the complaint does not state facts sufficient to constitute a cause of action.

Claimant seeks to recover damages for...

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