Fisher v. State of New York

Chief Judge Desmond.

Appellant’s claim against the State was, on motion in the Court of Claims, dismissed on the law as not stating a cause of action. The Appellate Division, Third Department, unanimously affirmed without opinion and we granted claimant leave to appeal. The claim alleges that claimant suffered damage when an Assistant District Attorney of New York County tortiously presented false information to a Grand Jury and to a trial jury, resulting in an unlawful conviction which was later set aside in coram nobis proceedings. The State is sued on the theory of respondeat superior —…