Legal Opinion

Organek v. State

New York Court of Claims

Decided May 22, 1991No. Claim No. 81739Published

1Opinion of the Court

OPINION OF THE COURT

Henry W. Lengyel, J.

On February 13, 1991, the defendants made application for an order pursuant to CPLR 3211 (a) (1), (2) and (7) dismissing *79this claim on the grounds that the claim fails to state a cause of action and that the court lacks subject matter jurisdiction; or, in the alternative, for summary judgment in favor of the defendant.

Motion for summary judgment is granted in part for the following reasons.

According to the claim which was filed on October 30, 1990,* claimants were the owners of an improved residential property located at 39 Herkimer Road (also known as…

2Cases cited15 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Friedman v. State of New YorkNew York Court of Appeals · 1986
  3. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  4. Sauer v. City of New YorkSupreme Court of the United States · 1907
  5. Sauer v. . City of New YorkNew York Court of Appeals · 1904

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