Morris Goldstein, as Administrators of the Estate of Jack Goldstein, Deceased, Respondents v. State of New…

Summary

The New York Court of Appeals reversed the Appellate Division and the Court of Claims, holding that a militia private in active service is not an employee under the Workmen's Compensation Law and that the State's waiver of sovereign immunity in former section 12‑a does not extend to militia members or officers, so the claim for damages must be dismissed.