Legal Opinion
Morell v. Balasubramanian
New York Court of Appeals
Decided October 8, 1987PublishedCited by 67 opinions
1Opinion of the Court
*300OPINION OF THE COURT
Hancock, Jr., J.
The issue is whether Supreme Court has subject matter jurisdiction to entertain an action against State employees for injuries allegedly sustained as a result of their negligence. The Appellate Division dismissed plaintiffs complaint holding that the State is the real party in interest in such an action and that it must be brought in the Court of Claims. We disagree and hold that the employees are the real parties in interest— not the State — and that, therefore, Supreme Court has subject matter jurisdiction. There should be a reversal and a reinstatement…
2Cases cited21 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Glassman v. GlassmanNew York Court of Appeals · 1956
- Goldstein v. State of New YorkNew York Court of Appeals · 1939
- Sinhogar v. ParryNew York Court of Appeals · 1981
- Schaffer v. EvansNew York Court of Appeals · 1982
16 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Gollomp v. SpitzerCourt of Appeals for the Second Circuit · 2009
- Gross v. PeralesNew York Court of Appeals · 1988
- Bertoldi v. StateAppellate Division of the Supreme Court of the State of New York · 2000
- Cavanaugh v. DohertyAppellate Division of the Supreme Court of the State of New York · 1998
- Peterson v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2009
62 more not listed; retrieve them via the Exa API.