Cox v. State
New York Court of Claims
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
The State has moved to dismiss the claim on the ground that the court does not have jurisdiction over the subjéct matter (CPLR 3211, subd [a], par 2) and on the ground that the claim fails to state a cause of action. (CPLR 3211, subd [a], par 7.) In the alternative, the State moves for summary judgment on the same grounds. (CPLR 3212.)
The subject claim seeks damages for personal injuries sustained by Constance A. Cox in an automobile accident allegedly caused by the State’s negligence. Her husband, James E. Cox, asserts a derivative claim for…
2Cases cited10 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Riss v. City of New YorkNew York Court of Appeals · 1968
- Steitz v. City of BeaconNew York Court of Appeals · 1945
- Motyka v. City of AmsterdamNew York Court of Appeals · 1965
- Sanchez v. Village of LibertyNew York Court of Appeals · 1977
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3Cited by2 opinions
- Miller v. TucholsAppellate Division of the Supreme Court of the State of New York · 1982
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 2000