Fisher v. State

Appellate Division of the Supreme Court of New York

Fisher v. State

13 A.D.2d 608, 212 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 11837

Appellate Division of the Supreme Court of the State of New York·Decided March 28, 1961·No. Claim No. 36252·Published·Cited by 2 cases

Opinion

Appeal from an order of the Court of Claims. This claim against the State of New York, based on a purported suppression of evidence by an Assistant District Attorney of New York County in a criminal action against claimant, has been dismissed for insufficiency. Responsibility of the State to pay damages for the tort of an Assistant District Attorney is not demonstrated. (Public Officers Law, § 2; Ritter v. State of New York, 283 App. Div. 833; Fishbein v. State of New York, 282 App. Div. 600.) Order unanimously affirmed, without costs. [23 Misc 2d 935.]

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Appeal from an order of the Court of Claims. This claim against the State of New York, based on a purported suppression of evidence by an Assistant District Attorney of New York County in a criminal action against claimant, has been dismissed for insufficiency. Responsibility of the State to pay damages for the tort of an Assistant District Attorney is not demonstrated. (Public Officers Law, § 2; Ritter v. State of New York, 283 App. Div. 833; Fishbein v. State of New York, 282 App. Div. 600.) Order unanimously affirmed, without costs. [23 Misc 2d 935.]

Fisher v. State, 13 A.D.2d 608, 212 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 11837 (N.Y. Ct. App. 1961).

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Opinion

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