PEASLEY v. STATE OF NY


118 Misc.2d 827 (1983)

John J. Peasley, Claimant, v. State of New York, Defendant. (Claim No. 66889.)

Court of Claims.

April 7, 1983


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Martin H. Schulman of counsel), for defendant. DeLucia & Fox (Laurence F. DeLucia of counsel), for claimant.


HAROLD E. KOREMAN, J.

The defendant moves for dismissal of the claim on the grounds that it fails to state a cause of action and that the defenses of payment and res judicata are a complete bar to the claim herein. The claimant cross-moves for summary judgment contending that he is entitled to the relief demanded in the claim as a matter of law.

The undisputed facts giving rise to the instant claim are as follows:

The State of New...

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