DiMarco v. State

This is a motion made to dismiss the claims filed in the above-entitled matters upon the grounds, among others specifically set forth in the motion, that the claim does not set forth facts sufficient to constitute a cause of action in favor of the claimant and against the state of New York.

Each of the claims in the above-entitled matters arose out of the following fact. On the 21st day of April, 1919, in the afternoon, in Lincoln park, near Swan street, in the city of Albany, N. Y., there was a sham battle which was engaged in and by soldiers, members of the militia of the state of New York,…