COX v. STATE OF NY


110 Misc.2d 924 (1981)

Constance A. Cox et al., Claimants, v. State of New York, Defendant. (Claim No. 65497.)

Court of Claims.

September 25, 1981


Attorney(s) appearing for the Case

Bond, Schoeneck & King (Thomas E. Myers of counsel), for claimants. Robert Abrams, Attorney-General (George M. Levy of counsel), for defendant.


THOMAS J. LOWERY, JR., J.

The State has moved to dismiss the claim on the ground that the court does not have jurisdiction over the subject matter (CPLR 3211, subd [a], par 2) and on the ground that the claim fails to state a cause of action. (CPLR 3211, subd [a], par 7.) In the alternative, the State moves for summary judgment on the same grounds. (CPLR 3212.)

The subject claim seeks damages for personal injuries sustained by Constance A. Cox...

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