Klemm v. State

In a claim to recover damages for unjust conviction pursuant to Court of Claims Act § 8-b, the State appeals from an order of the Court of Claims (McCabe, J.), entered December 19, 1988, which denied its motion pursuant to CPLR 3211 to dismiss the claim and pursuant to CPLR 3212 for summary judgment and which granted the claimant’s cross motion for partial summary judgment on the issue of liability pursuant to CPLR 3212.

Ordered that the order is modified by deleting the provision granting the claimant’s cross motion for partial summary judgment on the issue of liability, and substituting…