Legal Opinion

Wheeler v. State

New York Court of Claims

Decided March 12, 1953No. Claim No. 31580; Claim No. 31581PublishedCited by 6 opinions

1Opinion of the Court

Lambíase, J.

The State of New York has moved in each of the two above-entitled claims to dismiss the same upon the ground “ that the Court does not have jurisdiction of the subject of the action and on the further ground which appears on the face of the claim, that the claim does not state facts sufficient to constitute a cause of action against the State of New York, and for such other and further relief as to this Court may seem just and proper.”

It is alleged in each of the claims, among other things, that: “ II. This claim is for negligence on the part of the State in that it failed to warn…

2Cases cited2 opinions

  1. President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
  2. Albany Builders' Supply Co. v. Eastern Bridge & Structural Co.New York Court of Appeals · 1923

3Cited by6 opinions

  1. Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1955
  2. Killeen v. StateNew York Court of Claims · 1958
  3. Stewart v. StateNew York Court of Claims · 1959
  4. Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1955
  5. Wheeler v. StateAppellate Division of the Supreme Court of the State of New York · 1955

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