FISHER v. STATE OF NEW YORK


20 Misc.2d 818 (1960)

William Fisher, Claimant, v. State of New York, Defendant. (Claim No. 36252.)

Court of Claims.

February 16, 1960.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (William F. Larkin of counsel), for defendant.

William B. Moore for claimant.


SIDNEY SQUIRE, J.

The defendant moves pursuant to rule 112 of the Rules of Civil Practice and rule 19 of the Rules of this court for an order dismissing the claim (pleading) herein "on the ground that this court does not have jurisdiction of the subject matter of this claim." The claimant opposes.

The attacked pleading alleges that, "3. This claim is based upon the wrongful arrest, detention, indictment, trial, conviction, and erroneous sentencing...

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