Legal Opinion

Nichols v. State

New York Court of Claims

Decided February 28, 1964No. Claim No. 38527Published

1Opinion of the CourtDorothea E. Donaldson, J.

This is an action for damages for personal injury to the infant claimant. Since the court has determined that there is a jurisdictional failure in the claim, only cursory reference will be made to the factual details involved.

On November 19,1958 the claimant, then 12 years of age, was assaulted and bitten by a German Shepherd dog, alleged, but not proven, to be owned by or at least under the control and supervision of the New York National Guard. The incident occurred on a sidewalk in front of the building at 321 Manor Road, Staten Island, alleged to be an armory as defined in section 175 of…

2Cases cited8 opinions

  1. Jacobus v. . ColgateNew York Court of Appeals · 1916
  2. Goldstein v. State of New YorkNew York Court of Appeals · 1939
  3. Jackson v. State of New YorkNew York Court of Appeals · 1933
  4. Dembrod v. StateNew York Court of Claims · 1945
  5. Farina v. StateNew York Court of Claims · 1950

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