Legal Opinion

Belott v. State

New York Supreme Court

Decided March 7, 1966PublishedCited by 1 opinion

1Opinion of the CourtCharles M. Hughes, J.

The defendant State of New York (hereinafter referred to as the State) has moved for a judgment dismissing the complaint in the above-entitled action as against the State of New York on the grounds specified and pursuant to the provisions of CPLR 3211 (subd. [a], pars. 5, 7 and 8).

The State’s position is based on the following three contentions : (1) that the plaintiff herein has been precluded by judgment of the Court of Claims entered May 20, 1965 in a claim by the plaintiff filed against the State of New York; (2) that the complaint herein fails to state a cause of action under article 15…

2Cases cited8 opinions

  1. Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
  2. Town of Ohio v. PeopleAppellate Division of the Supreme Court of the State of New York · 1942
  3. Mathews Slate Co. v. Advance Industrial Supply Co.Appellate Division of the Supreme Court of the State of New York · 1918
  4. City or Mount Vernon v. East Hudson Parkway AuthorityNew York Supreme Court · 1965
  5. MONTGOMERY WARD & CO., INC. v. PeopleNew York Court of Appeals · 1952

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3Cited by1 opinion

  1. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009

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