Legal Opinion
Bensen v. State
New York Court of Claims
Decided December 7, 1976No. Claim No. 60459; Claim No. 60460; Claim No. 60461; Claim No. 60462; Claim No. 60463; Claim No. 60464; Claim No. 60465PublishedCited by 4 opinions
1Opinion of the CourtFrank S. Rossetti, J.
In each of the above-entitled claims, the State has moved for an order of dismissal on the sole ground of untimely filing. Since said motions were heard jointly and the determinative issues are common to each application, this opinion is dispositive of all seven motions.
The subject claims arise from a mass arrest of the respective claimants on August 14, 1974. On the following day, after all claimants were formally booked, the criminal charges were dismissed and each claimant was thereupon released from custody.1 Identical notices of intention were filed in behalf of each claimant, the latest…
2Cases cited19 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- Defiance Milk Products Co. v. Du MondNew York Court of Appeals · 1956
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
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3Cited by4 opinions
- Budgar v. StateNew York Court of Claims · 1979
- Trayer v. StateAppellate Division of the Supreme Court of the State of New York · 1982
- Cannon v. StateNew York Court of Claims · 1994
- Wilson v. StateNew York Court of Claims · 1983