Dormitory Authority v. Gruzen Partnership

OPINION OF THE COURT

Stephen G. Crane, J.

Plaintiff, the Dormitory Authority of the State of New York (Dormitory Authority), has moved for a trial preference pursuant to CPLR 3403 (a) (1). Plaintiff claims it is entitled to a preference under CPLR 3403 (a) (1) as a "board of officers of the state.” Third-party defendant, Ewell W. Finley, P. C. *877(Finley), argues that the suit has not been brought by "any such 'board’ but by the Dormitory Authority itself,” and the Dormitory Authority is not entitled to a preference because it is a public benefit corporation, separate and distinct from the State.…