Legal Opinion

Hughes v. State

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 1937No. Claim No. 24535PublishedCited by 9 opinions

1Opinion of the CourtHeppernan, J.

Claimant has appealed from an order of the Court of Claims dismissing her claim against the State of New York on the ground that the claim does not state a cause of action against the State. The appeal presents a novel question of law.

On June 7, 1936, a fire of unknown origin occurred in the city of Schenectady. It spread to a structure occupied by one Rudd as a warehouse. Claimant was the owner of certain personal property stored therein which was destroyed by the fire. Claimant asserts that the State is answerable in damages for her loss on the unique theory that it was the duty of the…

2Cases cited7 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. Herman v. . Board of EducationNew York Court of Appeals · 1922
  3. Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
  4. Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
  5. Paige v. State of New YorkNew York Court of Appeals · 1936

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3Cited by9 opinions

  1. Matlock v. New Hyde Park Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1962
  2. Schuster v. City of New YorkNew York Supreme Court · 1953
  3. Harland Enterprises, Inc. v. Commander Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  4. Toyos v. StateNew York Court of Claims · 1944
  5. Adamo v. P. G. Motor Freight, Inc.New York Supreme Court · 1957

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