Legal Opinion
Nyack Rural Cemetery, Inc. v. State
New York Court of Claims
Decided March 12, 1962No. Claim No. 39210PublishedCited by 1 opinion
1Opinion of the CourtAlexander Del Gtorno, J.
This is a motion for an order dismissing the claim upon the ground which appears upon the face thereof that it does not state facts sufficient to constitute a cause of action against the State of New York, and upon the further ground that the claim is barred by the Statute of Limitations. Although not so stated in the notice of motion, the first portion of the motion is made pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice and the latter to subdivision 5 of rule 107.
Submitted in support of both alleged grounds for dismissal is the affidavit of the Assistant…
2Cases cited13 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Condon v. Associated Hospital ServiceNew York Court of Appeals · 1942
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Garvin v. GarvinNew York Court of Appeals · 1953
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3Cited by1 opinion
- Nyack Rural Cemetery, Inc. v. StateNew York Court of Claims · 1965