Legal Opinion
Battalla v. State
New York Court of Claims
Decided April 9, 1959No. Claim No. 35621PublishedCited by 1 opinion
1Opinion of the CourtAlexander Del Giorno, J.
This is a motion by the State for an order dismissing the claim herein upon the ground that it appears on the face thereof that it fails to state a cause of action.
The claim is brought to recover damages for ‘ ‘ severe emotional and neurological disturbances with residual physical manifestations ” sustained by the infant claimant, aged nine years, as a result of the alleged negligence of the State.
A reading of the claim as filed indicates that when claimant boarded the chair lift maintained at the Bellayre Mountain Ski Center at the top terminal of the lift, the safety bar of the chair was…
2Cases cited12 opinions
- Bird v. St. Paul Fire & Marine InsuranceNew York Court of Appeals · 1918
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Milks v. McIverNew York Court of Appeals · 1934
- Comstock v. WilsonNew York Court of Appeals · 1931
- Resavage v. DaviesCourt of Appeals of Maryland · 1952
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Battalla v. StateAppellate Division of the Supreme Court of the State of New York · 1960