Court of Appeals of New York

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Baba-Ali v. New York, 119

In a plaintiff's suit against the State of New York to recover for unjust conviction and imprisonment under section 8-b of the Court of Claims Act (CCA), judgment of the Appellate Division is affirmed where: 1) for purposes of presenting a claim pursuant to CCA section 8-b(3)(b), it is sufficient that there is documentary evidence to place the claim within one of the allowed CPL 440.10 predicates, and that requirement was met by the Appellate Division in this case; and 2) there is no basis to conclude that the Appellate Division exceeded its power in reducing the plaintiff's nonpecuniary damage award.

Appellate Information

  • Decided 08/17/2012
  • Published 06/28/2012

Judges

  • Lippman

Court

  • Court of Appeals of New York

Counsel

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