Legal Opinion
Nuernberger v. State of NY
New York Court of Appeals
Decided December 20, 1976No. Claim 51615PublishedCited by 41 opinions
1Opinion of the Court
Chief Judge Breitel.
Claimant, once convicted and imprisoned for assault arising from alleged incest with his 11-year-old daughter, sues the State for damages for wrongful imprisonment. He claims not innocence, but that he is entitled to damages because the County Court, which tried him, lacked "jurisdiction” to prosecute the assault unless the Family Court had first considered and transferred the matter to the County Court. The Appellate Division has twice held that claimant is entitled to damages for the reason assigned by him. The State appeals.
One may assume that the County Court is so…
2Cases cited18 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Claim of Doey v. Clarence P. Howland Co.New York Court of Appeals · 1918
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Bolton v. . SchrieverNew York Court of Appeals · 1892
- People ex rel. Harty v. FayNew York Court of Appeals · 1961
13 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Murray v. City of New YorkNew York Court of Appeals · 1977
- People v. FordNew York Court of Appeals · 1984
- Rainbow v. SwisherNew York Court of Appeals · 1988
- Boose v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1979
- Copeland v. SalomonNew York Court of Appeals · 1982
36 more not listed; retrieve them via the Exa API.