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HARRIS v. STATE OF NEW YORK

38 A.D.3d 144 (2007)

828 N.Y.S.2d 463

GERALD HARRIS, Appellant, v. STATE OF NEW YORK, Respondent.

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

January 16, 2007.

Attorney(s) appearing for the Case

Seth E. Coen, P.C., Brooklyn (William E. Hellerstein of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Patrick Barnett-Mulligan and Frank K. Walsh of counsel), for respondent.

MASTRO, FISHER and LUNN, JJ., concur.

OPINION OF THE COURT

PRUDENTI, P.J.

This appeal requires us to determine whether a claim seeking damages from the State of New York for unjust conviction and imprisonment satisfied the pleading requirements of, and stated a cause of action under, Court of Claims Act § 8-b, and if so, whether the claimant was entitled to summary judgment on the issue of liability. We answer these questions in the affirmative.

In December 1991 two individuals...

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