Graham v. Stillman

In an action to recover damages for personal injuries sustained as a result of medical malpractice, the plaintiffs appeal from an order of the Supreme Court, Kings County (Held, J.), dated August 22, 1983, which dismissed the complaint as against defendant State University Hospital for lack of subject matter jurisdiction. 11 Order affirmed, with costs. 11 Special Term properly dismissed the complaint as against defendant State University Hospital for lack of subject matter jurisdiction. The State of New York is the real party in interest in such litigation (see Education Law, § 352; cf.…