Legal Opinion
Lehrman v. State
New York Court of Claims
Decided August 21, 1941No. Claims Nos. 26011, 26012PublishedCited by 8 opinions
1Opinion of the CourtBarrett, P. J.
These claims against the State were presented for damages for personal injuries. This is a motion to dismiss them upon the ground that claimant, who at the time the claims were filed was a convict on parole, is without capacity to sue, under the provisions of section 510 of the Penal Law. In the claim of Green v. State of New York (251 App. Div. 108; affd , 278 N. Y. 15) it was held that the right to sue of one sentenced to a State prison for any term less than life is suspended during the term of the sentence.
The determination of the question involved depends upon whether the sentence of…
2Cases cited9 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- Green v. State of New YorkNew York Court of Appeals · 1938
- People Ex Rel. Cecere v. JenningsNew York Court of Appeals · 1929
- People ex rel. Kurzynski v. HuntAppellate Division of the Supreme Court of the State of New York · 1937
- Green v. StateAppellate Division of the Supreme Court of the State of New York · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thomas Kaiser v. William CahnCourt of Appeals for the Second Circuit · 1974
- McCollum v. MayfieldDistrict Court, N.D. California · 1955
- Grant v. StateNew York Court of Claims · 1948
- Duffy v. StateNew York Court of Claims · 1950
- In re the Estate of CirelloNew York Surrogate's Court · 1966
3 more not listed; retrieve them via the Exa API.