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FOSTER v. STATE OF NEW YORK

205 Misc. 736 (1954)

Stanley Foster, an Infant, by Fred Foster, His Guardian ad Litem, Claimant, v. State of New York, Defendant. (Claim No. 31692.)

Court of Claims.

April 12, 1954.

Attorney(s) appearing for the Case

Robert Knox Murray for claimant.

Nathaniel L. Goldstein, Attorney-General (Neil R. Farmelo of counsel), for defendant.

MAJOR, J.

This is a motion to dismiss claimant's claim on the ground that the claimant does not have the capacity to sue, by reason of section 510 of the Penal Law. Fred Foster was appointed guardian ad litem by order of this court on December 17, 1952, for the purpose of prosecuting this claim.

The accident purported to be the cause of claimant's injuries occurred on or about July 19, 1949, at the Syracuse...

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