HAMM v. STATE OF NEW YORK


27 Misc.2d 215 (1961)

William A. Hamm, Claimant, v. State of New York, Defendant. (Claim No. 39016.)

Court of Claims.

May 1, 1961


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph A. Romano of counsel), for defendant. Phillips, Heaney & Schofield for claimant.


SIDNEY SQUIRE, J.

The defendant moves for an order pursuant to rule 90 of the Rules of Civil Practice, requiring claimant to serve and file an amended claim separately stating and numbering his alleged causes of action.

The attacked pleading repeatedly refers to claimant's "claim" in the singular. Causes of action are not "separately stated and numbered" (said rule 90) although paragraph 6 of the pleading...

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