Legal Opinion

Guideone Specialty Mutual Insurance v. State Insurance Fund

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

Decided April 3, 2012PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant State Insurance Fund from an order of the Supreme Court, Kings County (Kramer, J.), dated January 13, 2011, which denied its motion pursuant to CELR 3211 (a) to dismiss the complaint insofar as asserted against it.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant State Insurance Fund to dismiss the complaint insofar as asserted against it is granted.

A claim for money damages against the State must be litigated in the Court of Claims (see Court of Claims Act § 9 [2]). “The State Insurance Fund is a state agency, and,…

2Cases cited3 opinions

  1. Fenner v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2011
  2. Santo D'Angelo v. State Insurance FundAppellate Division of the Supreme Court of the State of New York · 2008
  3. Miraglia v. State Insurance FundNew York Supreme Court · 2011

3Cited by4 opinions

  1. DeNoto v. DeNotoAppellate Division of the Supreme Court of the State of New York · 2012
  2. Matter of Doran Constr. Corp. v. New York State Ins. FundAppellate Division of the Supreme Court of the State of New York · 2025
  3. DeNoto v. DeNotoAppellate Division of the Supreme Court of the State of New York · 2012
  4. Matter of Doran Constr. Corp. v. New York State Ins. FundAppellate Division of the Supreme Court of the State of New York · 2025

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