McAuliffe v. State

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…