Hayes v. State

Decision Date22 December 1976
Citation392 N.Y.S.2d 282,40 N.Y.2d 1044
Parties, 360 N.E.2d 959 Richard C. HAYES, as Committee of the Person and Property of Thomas F. Hayes, an Incompetent, Appellant, v. STATE of New York et al., respondents.
CourtNew York Court of Appeals Court of Appeals

Order affirmed, without costs, on the memorandum at the Appellate Division (50 A.D.2d 693, 376 N.Y.S.2d 647).

All concur.

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14 cases
  • Duverney v. State
    • United States
    • New York Court of Claims
    • October 29, 1978
    ... ... State of New York, 6 Misc.2d 391, 395, 166 N.Y.S.2d 272, 277, mod. and revd. in part on other grounds, 3 A.D.2d 600, 162 N.Y.S.2d 570, affd. 4 N.Y.2d 797, 173 N.Y.S.2d 30, 149 N.E.2d 530. However, there are authorities which hold the other way. See the cases cited in Hayes v. State of New York, 80 Misc.2d 498, 503, 363 N.Y.S.2d 986, 991, Et seq., revd. on other grounds, 50 A.D.2d 693, 376 N.Y.S.2d 647, affd. 40 N.Y.2d 1044, 392 N.Y.S.2d 282, 36 N.E.2d 956. There appears to be no distinct statement on the issue and it is usually dealt with by a determination that ... ...
  • McAllister v. South Coast Air Quality etc. Dist.
    • United States
    • California Court of Appeals Court of Appeals
    • July 21, 1986
    ...of Claims stated in Hayes v. State (1975) 80 Misc.2d 498, 363 N.Y.S.2d 986, rev'd 50 A.D.2d 693, 376 N.Y.S.2d 647, aff'd 392 N.Y.S.2d 282, 40 N.Y.2d 1044, 360 N.E.2d 959, that no language in the state Constitution or in section 8 of the New York Court of Claims Act prohibits the imposition ......
  • Murray v. Donlan
    • United States
    • New York Supreme Court — Appellate Division
    • November 17, 1980
    ...under the statutory business record rule (see Hayes v. State of New York, 50 A.D.2d 693, 376 N.Y.S.2d 647, affd. 40 N.Y.2d 1044, 392 N.Y.S.2d 282, 360 N.E.2d 959; Prado v. Onar Oscar, Inc., 44 A.D.2d 604, 353 N.Y.S.2d In Johnson v. Lutz (supra) the specific writing in question was a police ......
  • Jackson v. Housing Authority of City of High Point
    • United States
    • North Carolina Supreme Court
    • April 2, 1986
    ... ... state a claim upon which relief can be granted, and on 10 November 1982 it moved to dismiss the punitive damages claims. The matter came on for trial ... E.g., Hayes v. State, 80 Misc.2d 498, 363 N.Y.S.2d 986 (1975), rev'd on other grounds and punitive damages [316 N.C. 268] issue not reached, 50 A.D.2d 693, 376 ... ...
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