Legal Opinion
Harty v. State
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1968No. Claim No. 40149PublishedCited by 15 opinions
1Opinion of the CourtHerlihy, J.
This is an appeal by the State of New York from a judgment of the Court of Claims awarding damages to the claimant for wrongful detention.
It appears that the claimant was illegally incarcerated in State prisons for the period from November 19, 1959 to December 19, 1961. (See People ex rel. Harty v. Fay, 10 N Y 2d 374.)
However, this court has previously held that where the illegal imprisonment is pursuant to legal process which is valid on its face, the State cannot be held liable in damages for wrongful detention. (Nastasi v. State of New York, 275 App. Div. 524, 526, affd. 300 N. Y. 473.) An…
2Cases cited3 opinions
- People v. ProsserNew York Court of Appeals · 1955
- Nastasi v. StateNew York Court of Appeals · 1949
- Troutman v. StateAppellate Division of the Supreme Court of the State of New York · 1948
3Cited by15 opinions
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Nuernberger v. State of NYNew York Court of Appeals · 1976
- Collins v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- Nazario v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Holmberg v. County of AlbanyAppellate Division of the Supreme Court of the State of New York · 2002
10 more not listed; retrieve them via the Exa API.