Legal Opinion
Nicholoulias v. Regent Restaurant, Inc.
New York Supreme Court
Decided December 30, 1940PublishedCited by 4 opinions
1Opinion of the CourtBergan, J.
The principle of law that the sovereign’s immunity from suits without its consent extends to its public officers in any action to enforce an obligation of the sovereign is too well integrated in the law of this State to admit of deviation. (Matter of Hoople, 179 N. Y. 308, 311; People v. Dennison, 84 id. 272; Lewis v. State, 96 id. 71; Locke v. State, 140 id. 480.) The immunity extends even to a counterclaim in an action maintained by the State (People v. Dennison, supra) and to a controversy submitted by the State which might result in a judgment against it. (Metropolitan Trust Co. v. State…
2Cases cited5 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
- Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
- Spa Baths Co. v. Board of CommissionersNew York Supreme Court · 1917
- Metropolitan Trust Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1917
3Cited by4 opinions
- State Ex Rel. State Highway Commission v. Town of GrantsNew Mexico Supreme Court · 1961
- Adams v. District of ColumbiaDistrict of Columbia Court of Appeals · 1956
- Sunlit Gardens, Inc. v. MooreNew York Supreme Court · 1944
- Diamond v. Martin-Deichsel Leather Co.New York Supreme Court · 1971