CHAPMAN v. STATE OF NEW YORK


261 A.D.2d 814 (1999)

690 N.Y.S.2d 328

ARNOLD G. CHAPMAN et al., Appellants, v. STATE OF NEW YORK, Respondent.

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

Decided May 20, 1999.


Mercure, J.

Claimants commenced this action in January 1989 to recover for personal injuries allegedly sustained by claimant Arnold G. Chapman as the result of an assault and battery committed upon him by two State Troopers on October 23, 1988; the State answered in February 1989. On appeal, the only issue that we need consider is whether the Court of Claims erred in dismissing the claim for lack of subject matter jurisdiction based upon claimants' undisputed failure...

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