Legal Opinion
Sunlit Gardens, Inc. v. Moore
New York Supreme Court
Decided May 5, 1944PublishedCited by 5 opinions
1Opinion of the CourtGarvin, J.
Defendant has moved under rule 106 of the Rules of Civil Practice for an order dismissing the complaint on the ground of insufficiency, claiming that the court has neither jurisdiction of the person of defendant nor of the subject matter of the suit.
The question involved is whether the New York State Employees’ Retirement 'System has such a relation to the State of New York as to require a holding that it exercises a governmental function to the extent that it is in the same position as though an action had been brought against the State itself. The court is of the opinion that defendant’s…
2Cases cited8 opinions
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Breen v. Mortgage CommissionNew York Court of Appeals · 1941
- In Re the Appraisal Under the Transfer Tax Act of the Estate of HoopleNew York Court of Appeals · 1904
- Samuel Adler, Inc. v. NoyesNew York Court of Appeals · 1941
- Sadigur v. StateNew York Court of Claims · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Regan v. RossCourt of Appeals for the Second Circuit · 1982
- Ciulla v. StateNew York Court of Claims · 1948
- Edward v. Regan, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System v. Donald F. Ross, Edward v. Regan, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System v. Charles B. Connors, Edward v. Regan, as New York State Comptroller, and New York State Employees' Retirement System and New York State Policemen's and Firemen's Retirement System v. George F. GrandyCourt of Appeals for the Second Circuit · 1982
- Glassman v. GlassmanNew York Court of Appeals · 1956
- Opn. No., New York Attorney General Reports1976