FISHER v. STATE


13 A.D.2d 608 (1961)

William Fisher, Appellant, v. State of New York, Respondent. (Claim No. 36252.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 28, 1961


This claim against the State of New York, based on a purported suppression of evidence by an Assistant District Attorney of New York County in a criminal action against claimant, has been dismissed for insufficiency. Responsibility of the State to pay damages for the tort of an Assistant District Attorney is not demonstrated. (Public Officers Law, § 2; Ritter v. State of New York, 283 App. Div. 833; Fishbein v. State of New York, 282 App. Div. 600.)

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