Legal Opinion
Goldstein v. State of New York
New York Court of Appeals
Decided November 21, 1939No. Claim 24726PublishedCited by 51 opinions
1Opinion of the CourtHubbs, J.
Claimants filed a claim against the State for damages growing out of the death of their son as the result of the negligence of a fellow private of the State militia and an officer thereof. The claim is based on section 130 of the Decedent Estate Law (Cons. Laws, ch. 13).
At the commencement of the trial on the claim before the Court of Claims the State moved to dismiss the claim on the ground that “ there were only two remedies open to claimants and which were exclusive: (a) under the Military Law of the State; (b) under the Workmen’s Compensation Law.” The motion was renewed at the close of…
2Cases cited6 opinions
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Barrett v. . State of New YorkNew York Court of Appeals · 1917
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Hays v. Illinois Terminal Transportation Co.Illinois Supreme Court · 1936
- Goldstein v. StateAppellate Division of the Supreme Court of the State of New York · 1939
1 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Feres v. United StatesSupreme Court of the United States · 1950
- Sharapata v. Town of IslipNew York Court of Appeals · 1982
- Morell v. BalasubramanianNew York Court of Appeals · 1987
- Standard Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1946
46 more not listed; retrieve them via the Exa API.