Legal Opinion

Young v. State

New York Court of Claims

Decided March 9, 1962No. Claim No. 35520PublishedCited by 3 opinions

1Opinion of the CourtMblvih H. Ostermak, J.

This is a motion brought by the defendant for a dismissal of the above-captioned claim pursuant to subdivisions 1 and 4 of rule 107 of the Rules of Civil Practice, on the grounds that the court does not have jurisdiction to entertain the subject matter therein and that there exists a final judgment between the parties, and subdivision 4 of rule 106 of the Rules of Civil Practice on the grounds that the facts stated therein are not sufficient to constitute a cause of action.

This claim contains some 22 paragraphs and narrates a series of allegations regarding the alleged illegal confinement,…

2Cases cited3 opinions

  1. Warner v. State of New YorkNew York Court of Appeals · 1948
  2. Fishbein v. StateAppellate Division of the Supreme Court of the State of New York · 1953
  3. Brecka v. StateNew York Court of Claims · 1958

3Cited by3 opinions

  1. Whitree v. StateNew York Court of Claims · 1968
  2. Strunk Ex Rel. Burton v. StrunkCourt of Appeals of Kentucky (pre-1976) · 1969
  3. Strunk Ex Rel. Burton v. StrunkCourt of Appeals of Kentucky (pre-1976) · 1969

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