New York Court of Appeals

Louis L. Friedman, Respondent v. State of New York, Appellant

April 23, 196924 N.Y.2d 528

Summary

The New York Court of Appeals held that the Court of Claims correctly had jurisdiction to hear the claimant's salary claim and that the prior determination by the Court on the Judiciary was not res judicata as to the jurisdictional issue, but affirmed that the complaint did not state a cause of action because the removal was valid. The Court reversed the Appellate Division's reversal and remanded the case to the Court of Claims. Justice Burke dissented, arguing that the third certified question should be answered in the affirmative.