Legal Opinion
Rivers v. State
New York Court of Claims
Decided November 13, 1985No. Claim No. 71245PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
The State seeks an order dismissing the claim on the grounds that it fails to state a cause of action (CPLR 3211 [a] [7]) and that sufficient facts have not been pleaded to permit the court to find that there exists a likelihood of success in the event the claim is progressed to trial. (Court of Claims Act § 8-b [4].)
The claim is filed pursuant to the Unjust Conviction and Imprisonment Act of 1984 (L 1984, ch 1009). The latter amended Court of Claims Act § 9 (3-a) to create a cause of action for unjust conviction and imprisonment under new section…
2Cases cited6 opinions
- Tucker v. ToiaAppellate Division of the Supreme Court of the State of New York · 1976
- People v. LevitanNew York Court of Appeals · 1980
- People v. JohnsonNew York Court of Appeals · 1984
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1983
- People v. RiversAppellate Division of the Supreme Court of the State of New York · 1985
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Moses v. StateNew York Court of Claims · 1987
- Ferrer v. StateNew York Court of Claims · 1987
- Lluveras v. StateNew York Court of Claims · 1987
- Reed v. StateNew York Court of Claims · 1985