Legal Opinion

Hogan v. State

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

Decided February 5, 2009PublishedCited by 9 opinions

1Opinion of the Court

Peters, J.P.

Appeal from a judgment of the Court of Claims (Marin, J.), entered September 21, 2007, which, among other things, granted defendant’s cross motion to dismiss the claim.

Claimant, a prison inmate, filed this claim in March 2007 alleging that correction officers negligently broke his radio by opening it during a facility-wide frisk. Defendant answered and raised various affirmative defenses asserting, among other things, that the court lacked subject matter jurisdiction because claimant failed to state the total sum claimed as required by Court of Claims Act § 11 (b). Claimant moved…

2Cases cited2 opinions

  1. Signature Health Center, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  2. Manshul Construction Corp. v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by9 opinions

  1. Langner v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  2. Dinerman v. NYS LotteryAppellate Division of the Supreme Court of the State of New York · 2010
  3. Flemming v. StateAppellate Division of the Supreme Court of the State of New York · 2014
  4. Clark v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2018
  5. Flemming v. StateAppellate Division of the Supreme Court of the State of New York · 2014

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