Legal Opinion

Fisher v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1961No. Claim No. 36252PublishedCited by 2 opinions

1Opinion of the Court

Appeal from an order of the Court of Claims. This claim against the State of New York, based on a purported suppression of evidence by an Assistant District Attorney of New York County in a criminal action against claimant, has been dismissed for insufficiency. Responsibility of the State to pay damages for the tort of an Assistant District Attorney is not demonstrated. (Public Officers Law, § 2; Ritter v. State of New York, 283 App. Div. 833; Fishbein v. State of New York, 282 App. Div. 600.) Order unanimously affirmed, without costs. [23 Misc 2d 935.]

2Cases cited3 opinions

  1. Fishbein v. StateAppellate Division of the Supreme Court of the State of New York · 1953
  2. Ritter v. StateAppellate Division of the Supreme Court of the State of New York · 1954
  3. Fisher v. StateNew York Court of Claims · 1959

3Cited by2 opinions

  1. Drake v. City of RochesterNew York Supreme Court · 1978
  2. Fonfa v. StateNew York Court of Claims · 1976