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
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1961-03-28
Citations: 13 A.D.2d 608, 212 N.Y.S.2d 209, 1961 N.Y. App. Div. LEXIS 11837
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