Mickles v. State

This claim is for damages for personal injuries allegedly sustained as a result of negligence of the defendant, the State of New York. The defendant at the beginning of trial raised the defense that, since claimant, at the time of the alleged damage, was in the employ of the defendant, she was injured under the provisions of the Workmen’s Compensation Law, and that the sole remedy lay within the provisions of that act (§ 29, subd. 6). The court ruled that it had jurisdiction of the claim in accordance with the provisions of section 8 of the Court of Claims Act, in view of the decision in…