Sutton v. Coulter

This is a motion by defendant to dismiss plaintiff’s complaint on the grounds that the court does not have jurisdiction of the subject of the action, the complaint fails to state facts sufficient to state a cause of action and the court does not have jurisdiction over the person of the defendant.

Plaintiff has commenced an action to recover damages for personal injuries as the result of a collision between his automobile and a vehicle operated by the defendant and owned by the State of New York. It is defendant’s contention that since the defendant was an employee of the State engaged in…