FRACCOLA v. STATE OF NEW YORK


35 Misc.2d 74 (1962)

Dominick Fraccola, Claimant, v. State of New York, Defendant. (Claim No. 39976.)

Court of Claims.

June 29, 1962


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George A. Schindler of counsel), for defendant. Sal J. Eannace for claimant.


SIDNEY SQUIRE, J.

The defendant's motion to dismiss this claim, pursuant to rule 106 of the Rules of Civil Practice, because claimant's pleading does not state facts sufficient to constitute an action against the State, is granted.

In effect, claimant seeks to have the State respond in money damages for alleged improper acts of the chairman of the State Liquor Authority, its members and employees, culminating in the revocation of claimant's retail...

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