Gembala v. Audobon Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Donnell, J.
Plaintiff brought suit against several defendants including the Urban Development Corp. (UDC) in a negligence action in Erie County Supreme Court. UDC moved to dismiss the action pursuant to CPLR 3211 (subd [a], pars 2, 7) upon the grounds that Supreme Court lacked subject matter jurisdiction. Special Term granted the motion, finding that the UDC is the State qua State, a “corporate governmental agency of the State”, and therefore, that UDC may be sued only in the Court of Claims.
*346The State of New York waived immunity from tort liability with the passage of the…
2Cases cited8 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Plumbing, Heating, Piping & Air Conditioning Contractors Ass'n v. New York State Thruway AuthorityNew York Court of Appeals · 1959
- In re the Arbitration between Dormitory Authority of New York & Span Electric Corp.New York Court of Appeals · 1966
- Cole v. StateAppellate Division of the Supreme Court of the State of New York · 1978
- Smith v. LevittAppellate Division of the Supreme Court of the State of New York · 1971
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Joseph's Hospital Health Center v. Department of HealthAppellate Division of the Supreme Court of the State of New York · 1998
- MacFarland-Breakell Building Corp. v. New York State Thruway AuthorityNew York Court of Claims · 1984
- Bulson v. Control Data Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Pandolph v. StateNew York Court of Claims · 1992
- Plath v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
3 more not listed; retrieve them via the Exa API.