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LAWLESS v. STATE OF NEW YORK

249 A.D.2d 173 (1998)

672 N.Y.S.2d 676

William B. Lawless, Iii, Appellant, v. State of New York, Respondent. (Claim No. 92155.)

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

April 23, 1998

There is no merit to claimant's argument that Supreme Court lacked jurisdiction over his earlier action that also sought damages for breach of contract, since the demand for damages in that action was dependent upon and incidental to the resolution of an underlying claim for declaratory relief (see, Shields v Katz, 143 A.D.2d 743, 745). Once Supreme Court's jurisdiction is accepted, and as the contract on which claimant sued...

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