Legal Opinion
Rosario v. State
New York Court of Claims
Decided April 21, 1964No. Claim No. 42836PublishedCited by 4 opinions
1Opinion of the CourtAlexander Del Giorno, J.
This is a motion for an order dismissing the causes of action set forth in the claim upon the grounds (1) that the court does not have jurisdiction of the subject matter, (2) that there is an existing final judgment or decree of a court of competent jurisdiction rendered upon the merits, determining the same cause of action between the parties and (3) that the claim does not state facts sufficient to constitute a cause of action pursuant to the Civil Practice Law and Rules (3211, subd. [a], pars. 2, 5, 7).
The claim alleges the State was negligent “ in the unlawful and wrongful detention, the…
2Cases cited5 opinions
- Nastasi v. StateNew York Court of Appeals · 1949
- Hull v. . HullNew York Court of Appeals · 1919
- Marsh v. . MastertonNew York Court of Appeals · 1886
- People Ex Rel. Ledwith v. . Bd. of TrusteesNew York Court of Appeals · 1924
- People ex rel. Canizio v. Superintendent of Kings County HospitalNew York Supreme Court · 1957
3Cited by4 opinions
- Whitree v. StateNew York Court of Claims · 1968
- Lublin v. Central Islip Psychiatric CenterNew York Court of Appeals · 1977
- In re Kenya G.New York City Family Court · 1973
- Rosario v. StateNew York Court of Claims · 1966