Appellate Division of the Supreme Court of New York, 1985

Eale Realty Corp. v. State

Eale Realty Corp. v. State
Appellate Division of the Supreme Court of New York · Decided December 23, 1985
115 A.D.2d 635; 496 N.Y.S.2d 295; 1985 N.Y. App. Div. LEXIS 55076
Eale Realty Corp. v. State

Opinion of the Court

In a claim, inter alia, to recover damages for breach of a lease, claimants appeal from a judgment of the Court of Claims (Rossetti, J.), dated June 22, 1984, which dismissed the claim after trial for lack of jurisdiction.

*636Judgment reversed, on the law, with costs, and matter remitted to the Court of Claims for a new determination on the merits of claimants’ assertions.

The agreements in question and the underlying negotiations clearly set forth that the State was acting by and through an agent, the Facilities Development Corp. The claim, which is based on contract, was therefore properly brought against the State, and the Court of Claims has exclusive jurisdiction over such a claim (see, Court of Claims Act §§ 8, 9 [2]). Gibbons, J. P., Brown, Weinstein and Lawrence, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.