Opinion
No. 111696.
December 15, 2006.
State Court of Claims — Jurisdiction. Pleading — Affirmative Defense.
No. 111696.
December 15, 2006.
State Court of Claims — Jurisdiction. Pleading — Affirmative Defense.
Full title:Efrain Suarez, Claimant v. State of New York, Defendant
Court:Court of Claims
Date published: Dec 15, 2006
It has been held that "[a] defense of failure to state a cause of action is at most 'harmless surplusage'…
Torres v. State"It is well settled that '[o]n a motion to dismiss a defense pursuant to CPLR 3211(b), all of defendant's…