Legal Opinion

Gershinsky v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 31, 1958No. Claim No. 32632PublishedCited by 5 opinions

1Opinion of the Court

This is an appeal from a judgment of the Court of Claims awarding claimant $8,515.11, including interest, for his wrongful detention in State prison from October 6, 1936 to December 29, 1937. Claimant cross-appeals arguing that he should have been awarded damages for 16 days’ detention in 1954, and further that the court should have allowed him $500, attorneys fees for services in obtaining claimant’s release *965from prison in 1937. On February 13, 1923 claimant was sentenced to a 5-year definite term at Sing Sing Prison on a conviction of burglary in the third degree. On May 15, 1926, claimant…

2Cases cited7 opinions

  1. Nastasi v. StateNew York Court of Appeals · 1949
  2. Green v. State of New YorkNew York Court of Appeals · 1938
  3. Nathan v. Equitable Trust Co.New York Court of Appeals · 1929
  4. White v. StateNew York Court of Claims · 1938
  5. White v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 1940

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3Cited by5 opinions

  1. Thomas Kaiser v. William CahnCourt of Appeals for the Second Circuit · 1974
  2. Jordan v. StateNew York Court of Claims · 1968
  3. Dodge v. Montrose Potato Growers Coop. Ass'nColorado Court of Appeals · 1974
  4. Lewis v. ShuckCourt of Appeals of Kansas · 1981
  5. Bussue v. LanklerDistrict Court, S.D. New York · 1972

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