Fisher v. State

The defendant- moves to dismiss the amended claim herein because said pleading does not sejt forth a cause of action against the defendant.

Claimant’s first pleading, his claim, had been dismissed (20 Mise 2d 818) with permission to serve an amended pleading, now under attack, The factual background of claimant’s unfortunate predicament is set forth in said, opinion,

*936The gravamen of claimant’s cause of action, as alleged in this second pleading, is that certain ‘ ‘ false, misleading and incompetent evidence was intentionally and maliciously assembled and presented by representatives of The…