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HOLT v. STATE

29 N.Y.2d 573 (1971)

J. P. Holt, Respondent, v. State of New York, Appellant. (Claim No. 50123.)

Court of Appeals of the State of New York.

Decided July 6, 1971.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.

Robert L. Beck for respondent.

Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse in the following opinion.

Order affirmed, with costs.

SCILEPPI, J. (dissenting).

The order appealed from should be reversed. Even assuming that the Court of Claims correctly found that the acts complained of were tortious, I see no causal relationship between the false arrest and the injuries for which claimant seeks compensation. The proof in this regard was most speculative and conjectural and since the injuries were as much...

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