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WHEELER v. STATE OF NEW YORK

204 Misc. 219 (1953)

Mildred T. Wheeler, Claimant, v. State of New York, Defendant. (Claim No. 31580.) Elmer Wheeler, Claimant, v. State of New York, Defendant. (Claim No. 31581.)

Court of Claims.

March 12, 1953.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Lawrence H. Wagner of counsel), for defendant.

Robert W. Clarke for claimants.

LAMBIASE, J.

The State of New York has moved in each of the two above-entitled claims to dismiss the same upon the ground "that the Court does not have jurisdiction of the subject of the action and on the further ground which appears on the face of the claim, that the claim does not state facts sufficient to constitute a cause of action against the State of New York, and for such other and further relief as to...

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