Brace v. State

Appellate Division of the Supreme Court of New York

Brace v. State

130 A.D.2d 701, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46719

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1987

StatusPublished

This text of 130 A.D.2d 701 (Brace v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brace v. State, 130 A.D.2d 701, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46719 (N.Y. Ct. App. 1987).

Pincite

Opinion

In a negligence claim to recover damages for personal injuries, the defendant State of New York appeals, as limited by its brief, from so much of an order of the Court of Claims (Lengyel, J.), dated January 29, 1986, as denied its motion to dismiss the claim as against it pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, or, alternatively, for summary judgment dismissing the claim as against it pursuant to CPLR 3212.

Ordered that the order is affirmed insofar as appealed from, with costs.

The challenged pleading properly asserts a cause of action. Thompson, J. P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.

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In a negligence claim to recover damages for personal injuries, the defendant State of New York appeals, as limited by its brief, from so much of an order of the Court of Claims (Lengyel, J.), dated January 29, 1986, as denied its motion to dismiss the claim as against it pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, or, alternatively, for summary judgment dismissing the claim as against it pursuant to CPLR 3212.

Ordered that the order is affirmed insofar as appealed from, with costs.

The challenged pleading properly asserts a cause of action. Thompson, J. P., Lawrence, Rubin, Kunzeman and Sullivan, JJ., concur.

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Bluebook (online)

130 A.D.2d 701, 515 N.Y.S.2d 717, 1987 N.Y. App. Div. LEXIS 46719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brace-v-state-nyappdiv-1987.