Legal Opinion

Dembrod v. State

New York Court of Claims

Decided November 19, 1945No. Claim No. 27941PublishedCited by 5 opinions

1Opinion of the CourtGreenberg, J.

The Attorney-General has moved to dismiss the claim herein on the ground that it fails to set forth facts' sufficient to constitute a cause of action and on the further ground that this court has no jurisdiction of the claim.

The claim avers that on May 4, 1945, while claimant was watching a weapons demonstration at the Chippewa Demo*1062cratic Club, Bronx, New York, he was shot by a live shell.which had been negligently inserted and fired from a Thompson sub-machine gun by a member of the State Guard. The demonstration had been conducted by the Eighth Regiment, New York Guard, as part of a…

2Cases cited3 opinions

  1. Smith v. . State of New YorkNew York Court of Appeals · 1920
  2. Goldstein v. State of New YorkNew York Court of Appeals · 1939
  3. Carpenter v. United StatesU.S. Circuit Court for the District of Southern Ohio · 1891

3Cited by5 opinions

  1. Department of Public Safety & Correctional Services v. Ara Health Services, Inc.Court of Special Appeals of Maryland · 1995
  2. Long v. StateNew York Court of Claims · 1955
  3. Strassman v. StateNew York Court of Claims · 1956
  4. Waterside Associates v. New York State Department of Environmental ConservationNew York Supreme Court · 1986
  5. Nichols v. StateNew York Court of Claims · 1964

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