Nussbaum v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Myer Nussbaum, from a judgment of the .Court of Claims of the State of New York in favor of the defendant, entered in the office of the clerk of the said court on the 28th day of January, 1907, dismissing the plaintiff’s claim.
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Appeal by the plaintiff, Myer Nussbaum, from a judgment of the .Court of Claims of the State of New York in favor of the defendant, entered in the office of the clerk of the said court on the 28th day of January, 1907, dismissing the plaintiff’s claim. The claimant is an attorney and counselor at law, and was employed as counsel to the committee on privileges and elections of the Assembly to conduct the investigation of a number of contests, for seats in the Assembly during the year 1906. The claimant was designated as counsel for such committee ,pursuant to a resolution duly passed by the…
1Opinion of the Court
Chester, J.:
The Court of Claims seemed to have dismissed the claim on the ground that no enabling act had been, passed by the Legislature, and, therefore, the State had not consented to have its liability for' the services performed determined by that court. There is no doubt of the proposition that a sovereign State . cannot be sued except by its own consent. This is too well settled to require the *756citation of authority in support thereof. We think, however, the State' gave its consent to be sued on claims of this character when it enacted section 264 of the Code of Civil Procedure. We have…
2Cases cited1 opinion
- Remington v. StateAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Betts v. StateNew York Court of Claims · 1911