39th-40th Corp. v. Port of New York Authority

Defendant Port of New York Authority has moved to dismiss the complaint upon the grounds that it, as a governmental agency of the States of New York and New Jersey, enjoys a derivative sovereign immunity from suit and that the complaint does not state facts sufficient to constitute a cause of action.

The inclusion of a branch of the motion directed at the sufficiency of the complaint raises an “ objection * * * in point of law ” constituting a general appearance (Civ. Prac. Act, § 237) and, despite the statement of special appearance indorsed upon the notice of motion, subjects the defendant…