Legal Opinion
Passamonte v. Pettit
New York Supreme Court
Decided September 30, 1969PublishedCited by 3 opinions
1Opinion of the Court
Emmett J. "Sohhepp, J.
This personal injury action was instituted against the defendant, an employee of the State of New York, for negligence in the operation of an autpmobile, owned by and operated with the consent of the State and within *125the scope of defendant’s employment. The motion to dismiss the complaint is made upon the ground that the State of New York is the real party in interest, that it can be sued only in the Court of Claims, and consequently that Supreme Court has no jurisdiction over the subject matter.
Although the State has waived its immunity from liability under certain…
2Cases cited9 opinions
- Psaty v. DuryeaNew York Court of Appeals · 1954
- Litchfield v. . BondNew York Court of Appeals · 1906
- Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
- Samuel Adler, Inc. v. NoyesNew York Court of Appeals · 1941
- Sorge v. City of New YorkNew York Supreme Court · 1968
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3Cited by3 opinions
- Olmstead v. BrittonAppellate Division of the Supreme Court of the State of New York · 1975
- Sutton v. CoulterNew York Supreme Court · 1974
- Perry v. MurrayNew York Supreme Court · 1974