Legal Opinion
State University v. Syracuse University
New York Supreme Court
Decided October 1, 1954PublishedCited by 7 opinions
1Opinion of the CourtTaylor, J.
Upon the contention that it is an instrumentality of the State engaged in carrying out a governmental function — hence, the State itself — and as such not subject to suit in any of its courts save the Court of Claims, the plaintiff moves pursuant to rule 109 of the Buies of Civil Practice to dismiss the defendant’s counterclaim on the ground that the Supreme Court has no jurisdiction of the subject matter thereof.
The problem which the motion poses is whether the plaintiff is only an agency of the State in the performance of its educational functions or has been delegated governmental powers…
2Cases cited8 opinions
- Pantess v. Saratoga Springs AuthorityAppellate Division of the Supreme Court of the State of New York · 1938
- Breen v. Mortgage CommissionNew York Court of Appeals · 1941
- Pauchogue Land Corp. v. Long Island State Park CommissionNew York Court of Appeals · 1926
- Samuel Adler, Inc. v. NoyesNew York Court of Appeals · 1941
- Braun v. StateNew York Court of Claims · 1952
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- George R. Whitten, Jr., Inc., D/B/A Whitten Corporation v. State University Construction FundCourt of Appeals for the First Circuit · 1974
- Fed. Sec. L. Rep. P 94,594 Milton Forman and Ellen Forman v. Community Services, Inc.Court of Appeals for the Second Circuit · 1974
- Daniel v. American Board of Emergency MedicineDistrict Court, W.D. New York · 1997
- State University of New York v. PattersonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. BranhamNew York Supreme Court · 1967
2 more not listed; retrieve them via the Exa API.