Legal Opinion · Dissent

Main Evaluations, Inc. v. State

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

Decided July 3, 2002Published

1DissentScudder, J.

I respectfully dissent. In my view, Supreme Court properly granted plaintiffs motion for a preliminary injunction prohibiting defendants from terminating certain contracts with plaintiff, pursuant to which plaintiff was to perform medical evaluations for claimants seeking Social Security disability benefits. I further conclude that the court properly denied defendants’ cross motion seeking to dismiss the complaint for lack of subject matter jurisdiction. Although the majority properly notes that the Court of Claims has jurisdiction over a cause of action against the State for breach of…

2Cases cited14 opinions

  1. Doe v. AxelrodNew York Court of Appeals · 1988
  2. Morgenthau v. ErlbaumNew York Court of Appeals · 1983
  3. Apple Records, Inc. v. Capitol Records, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  4. Abiele Contracting, Inc. v. New York City School Construction AuthorityNew York Court of Appeals · 1997
  5. BGW Development Corp. v. Mount Kisco Lodge No. 1552Appellate Division of the Supreme Court of the State of New York · 1998

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