Legal Opinion

McAuliffe v. State

New York Court of Claims

Decided June 15, 1919No. Claim No. 15430PublishedCited by 5 opinions

Motion to dismiss claim.

1Opinion of the CourtSmith, J.

This is a motion to dismiss the claim, upon the ground that the notice of claim does not state facts sufficient to constitute a valid claim against the state of New York.

*554It is claimed, and for the purposes of this motion the claim must he ■ taken as true, that William J. McAuliffe, while an enlisted man in the state militia, pursuant to an order made by the duly constituted mili■tary authorities was inoculated with an immunizing vaccine administered at one of the state’s armories by a doctor in charge at said armory who was duly authorized by the state of New York to administer such…

2Cases cited5 opinions

  1. Poindexter v. GreenhowSupreme Court of the United States · 1885
  2. Barrett v. . State of New YorkNew York Court of Appeals · 1917
  3. Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1914
  4. Lewis v. . the StateNew York Court of Appeals · 1884
  5. Burke v. StateNew York Court of Claims · 1909

3Cited by5 opinions

  1. Goldstein v. State of New YorkNew York Court of Appeals · 1939
  2. Maloney v. StateNew York Court of Claims · 1955
  3. Schmohl v. StateNew York Court of Claims · 1931
  4. Butterfield v. StateNew York Court of Claims · 1922
  5. Sandel v. StateSupreme Court of South Carolina · 1923

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