Legal Opinion · Dissent

Williams Press, Inc. v. State

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

Decided July 25, 1974No. Claim No. 55203Published

1Dissent

Kane, J. (dissenting).

I agree with claimant that the State’s setoff was improperly interposed and the Court of Claims was without jurisdiction to hear it. That court possesses jurisdiction to hear and determine “ claims * * * by the state against claimant * * * as the legislature may provide ’ ’ (N. Y. Const., art. VI, § 9). However, the Legislature has not elaborated upon that provision beyond reiterating the authority of that court to resolve “ any claim in favor of the state against the claimant” (Court of Claims Act, § 9, subd. 3). Although it' seems well settled that, as a condition to…

2Cases cited6 opinions

  1. United States v. Munsey Trust Co.Supreme Court of the United States · 1947
  2. People v. . Journal Co.New York Court of Appeals · 1914
  3. Horoch v. StateAppellate Division of the Supreme Court of the State of New York · 1955
  4. Capitol Distributors Corp. v. Kent's Restaurant, Inc.New York Supreme Court · 1939
  5. Fred E. Gross & Son v. StateNew York Court of Appeals · 1926

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