Chastaine v. State

This is a motion to dismiss the claim upon the ground that it does not state facts sufficient to constitute a cause of action against the State of New York.

The claimant alleges that on April 20, 1936, he was ascending with his automobile in an elevator, located in a public garage at 235 River street, Troy, N. Y.; that when said elevator reached the sixth floor, it dropped to the bottom of the shaft, as a result of which he sustained personal injuries, for which he now seeks an award against the State.

Claimant’s cause of action is based upon the failure of the State, its agents or employees,…