Legal Opinion
Ferster v. State
New York Court of Claims
Decided August 12, 1985No. Motion No. M-32727Published
1Opinion of the Court
OPINION OF THE COURT
Gerard M. Weisberg, J.
In this motion we must address the operation of three statutes: Court of Claims Act § 8-a, the Federal Tort Claims Act (28 USC § 1346 [b]) and the National Guard Claims Act (32 USC § 715).
Claimant, Rise Ferster, seeks permission to file a late claim under Court of Claims Act § 10 (6). She alleges that on October 17, 1984, she was struck by what appeared to be a vehicle belonging to the United States Army. Believing that she would have to proceed against the Federal Government for the injuries allegedly received, no claim against the State of New York…
2Cases cited15 opinions
- Licari v. ElliottNew York Court of Appeals · 1982
- Maryland Ex Rel. Levin v. United StatesSupreme Court of the United States · 1965
- Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
- Goldstein v. State of New YorkNew York Court of Appeals · 1939
- Witter v. Pennsylvania National GuardDistrict Court, E.D. Pennsylvania · 1978
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