¶1&emdash;Appeal unanimously dismissed, without costs, and without prejudice in accordance with the following memorandum: The parties stipulated upon oral argument of this appeal that appellant, State of New York, consents to respondent’s serving an amended complaint specifically pleading a cause of action alleging an intentional tort. (See Jones v State of New York, 33 NY2d 275.) (Appeal from order of Court of Claims&emdash;dismiss claim.) Present &emdash;Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.
54 A.D.2d 1137
Gray v. State
Appellate Division of the Supreme Court of the State of New York
Decided November 12, 1976
Appellate Division of the Supreme Court of the State of New York · decided 1976-11-12
Decided 1976-11-12