Legal Opinion

County of Broome v. State

New York Court of Claims

Decided October 1, 1985No. Claim No. 68020PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Thomas J. Lowery, Jr., J.

The State moves for an order granting summary judgment (CPLR 3212) dismissing the claim in its entirety on the grounds that it fails to state a cause of action or, in the alternative, for partial summary judgment (CPLR 3212 [e]) on the grounds of collateral estoppel and that a portion of the claim is time barred. The claimants cross-move for permission to late file a claim. (Court of Claims Act § 10 [6].)

On June 3, 1983, the instant claim was filed in which claimants sought to recover damages in the sum of $337,336.72 for legal fees incurred as a…

2Cases cited24 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
  3. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
  4. Schwartz v. Public AdministratorNew York Court of Appeals · 1969
  5. Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985

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3Cited by1 opinion

  1. County of Broome v. StateAppellate Division of the Supreme Court of the State of New York · 1986

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