Legal Opinion
Beldon v. Mortgage Commission
New York Supreme Court
Decided February 29, 1940PublishedCited by 1 opinion
1Opinion of the CourtPecora, J.
Motion by Mortgage Commission of the State of New York and its subsidiary, Mortgage Commission Service Corporation, for an order dismissing the complaint. The grounds upon which the motion is based are that the defendants are agencies or instrumentalities of the State of New York and as such are clothed with the immunity of the State as a sovereign. A reading of the complaint indicates that it is in the nature of an action for tort and not upon a contract. Where the State acts through an instru-. mentality, an action against such agency is deemed an action against the State. This principle…
2Cases cited5 opinions
- Smith v. . State of New YorkNew York Court of Appeals · 1920
- Pauchogue Land Corp. v. Long Island State Park CommissionNew York Court of Appeals · 1926
- Matter of People (Westchester Tit. T. Co.).New York Court of Appeals · 1935
- Dietrich v. Palisades Interstate Park CommissionNew York Supreme Court · 1921
- Kirkman v. Commissioners of Palisades Interstate ParkAppellate Division of the Supreme Court of the State of New York · 1922
3Cited by1 opinion
- Breen v. StateNew York Court of Claims · 1942