Legal Opinion
Mink Hollow Development Corp. v. State
New York Court of Claims
Decided May 24, 1976No. Claim No. 59856PublishedCited by 4 opinions
1Opinion of the CourtFrank S. Rossetti, J.
The claim herein is for money damages arising from an alleged defamatory statement by a New York State Health Department official that land owned by claimant was part of an unapproved subdivision (Public Health Law, §§ 1115-1120) and could not be sold.
Defendant’s instant cross motion for dismissal of the claim is on the grounds of lack of subject matter jurisdiction (CPLR 3211, subd [a], par 2) and failure to state a cause of action (CPLR 3211, subd [a], par 7). The State argues this court lacks subject matter jurisdiction because claimant is "in reality” asking for a declaratory judgment and…
2Cases cited45 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Barr v. MatteoSupreme Court of the United States · 1959
- Spalding v. VilasSupreme Court of the United States · 1896
- Shapiro v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1959
- Andrews v. . GardinerNew York Court of Appeals · 1918
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3Cited by4 opinions
- Elmore v. Shell Oil Co.District Court, E.D. New York · 1988
- Robilotto v. StateNew York Court of Claims · 1980
- In re Lyndell C. R.New York City Family Court · 1980
- Starburst Realty Corp. v. City of New YorkNew York Supreme Court · 1985