Legal Opinion

Colombo v. Schwartz

Appellate Division of the Supreme Court of the State of New York

Decided February 22, 2005PublishedCited by 3 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for libel, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Molia, J.), entered September 4, 2003, which granted the defendants’ motion pursuant to CFLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the complaint insofar *523as asserted against the defendant University Hospital, SUNY at Stony Brook for lack of subject matter jurisdiction (see CPLR 3211 [a] [2]). The State of New York is the real party in interest in such litigation…

2Cases cited5 opinions

  1. Easley v. New York State Thruway AuthorityNew York Court of Appeals · 1956
  2. State University v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 1954
  3. Turner v. StateAppellate Division of the Supreme Court of the State of New York · 1975
  4. Graham v. StillmanAppellate Division of the Supreme Court of the State of New York · 1984
  5. Hom v. ReubinsAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. Planck v. Suny Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2005
  2. Bridget M. v. BillickAppellate Division of the Supreme Court of the State of New York · 2007
  3. Young v. CampbellAppellate Division of the Supreme Court of the State of New York · 2011

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