Guideone Specialty Mutual Insurance v. State Insurance Fund
Cases that cite this one
4 later published cases cite this decision.
- Matter of Doran Constr. Corp. v. New York State Ins. Fund (Appellate Division of the Supreme Court of New York 2025)
- DENOTO, THOMAS v. DENOTO, SARAH (Appellate Division of the Supreme Court of New York 2012)
- DeNoto v. DeNoto (Appellate Division of the Supreme Court of New York 2012)
- DeNoto v. DeNoto (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant State Insurance Fund from an order of the Supreme Court, Kings County (Kramer, J.), dated January 13, 2011, which denied its motion pursuant to CELR 3211 (a) to dismiss the complaint insofar as asserted against it.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendant State Insurance Fund to dismiss the complaint insofar as asserted against it is granted.
A claim for money damages against the State must be litigated in the Court of Claims (see Court of Claims Act § 9 [2]). “The State Insurance Fund is a state agency, and, consequently,
Accordingly, the Supreme Court should have granted the motion of the defendant State Insurance Fund to dismiss the complaint insofar as asserted against it on the ground of lack of subject matter jurisdiction.
In view of the foregoing, we do not address the parties’ remaining contentions. Dillon, J.E, Florio, Austin and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.