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Arena v. State

269 A.D. 873 Court N.Y. App. Div. Decision date 1945-06-29 Docket Claim No. 25701 English

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p. 873
Anthony Arena, Appellant, v. State on New York, Respondent.
(Claim No. 25701.)

—Appeal by claimant from a judgment of the Court of Claims, dismissing his claim upon the merits. Claimant’s attorney was not afforded a fair opportunity to prepare for trial, he was limited as to his right to call witnesses under control of the State and his right to cross-examine was unduly restricted. Judgment of the Court of Claims reversed on the law and facts, with costs, and a new trial granted. All concur, except Brewster, J., who dissents.