Legal Opinion
Foster v. State
New York Court of Claims
Decided April 12, 1954No. Claim No. 31692PublishedCited by 6 opinions
1Opinion of the CourtMajor, J.
This is a motion to dismiss claimant’s claim on the ground that the claimant does not have the capacity to sue, by reason of section 510 of the Penal Law. Fred Foster was appointed guardian ad litem by order of this court on December 17. 1952, for the purpose of prosecuting this claim.
*737The accident purported to be the cause of claimant’s injuries occurred on or about July 19,1949, at the Syracuse State School, where claimant was then confined.
On August 9, 1952, the claimant was convicted in Onondaga County Court of grand larceny first degree; and, on December 11, 1952, he was committed to the…
2Cases cited2 opinions
- Nastasi v. StateNew York Court of Claims · 1946
- Kugel v. KalikNew York Supreme Court · 1941
3Cited by6 opinions
- Johnson v. RockefellerDistrict Court, S.D. New York · 1972
- Beyer v. WernerDistrict Court, E.D. New York · 1969
- Todzia v. StateNew York Court of Claims · 1967
- Claim of Bilello v. A. J. Eckert Co.Appellate Division of the Supreme Court of the State of New York · 1973
- In re AnonymousNew York Surrogate's Court · 1958
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