Legal Opinion
Charles Simkin & Sons, Inc. v. State University Construction Fund
District Court, S.D. New York
Decided January 4, 1973No. 68 Civ. 3270PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
CANNELLA, District Judge.
Defendant’s motion to dismiss the complaint for lack of subject matter jurisdiction, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, and by virtue of the immunity from suit in Federal Court provided by the Eleventh Amendment to the United States Constitution, is granted.
The several causes of action alleged in the complaint arise out of a contract be tween plaintiff and defendant for the construction by plaintiff of a central heating plant and distribution system at the State University College at New Paltz, Ulster County, New York.…
2Cases cited4 opinions
- In re the Arbitration between Dormitory Authority of New York & Span Electric Corp.New York Court of Appeals · 1966
- O'Neill v. EarlyCourt of Appeals for the Fourth Circuit · 1953
- Fabrizio & Martin, Inc. v. Board of Ed. Cent. Sch. Dist. No. 2District Court, S.D. New York · 1968
- Story House Corp. v. State of New York Job Development AuthorityAppellate Division of the Supreme Court of the State of New York · 1971
3Cited by9 opinions
- George R. Whitten, Jr., Inc., D/B/A Whitten Corporation v. State University Construction FundCourt of Appeals for the First Circuit · 1974
- Fed. Sec. L. Rep. P 94,594 Milton Forman and Ellen Forman v. Community Services, Inc.Court of Appeals for the Second Circuit · 1974
- George R. Whitten, Jr., Inc. v. State University Construction FundDistrict Court, D. Massachusetts · 1973
- Ahmad v. BurkeDistrict Court, E.D. Pennsylvania · 1977
- Charles Simkin & Sons, Inc. v. State University Construction FundCourt of Appeals for the Second Circuit · 1973
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