Chemical Bank v. Regan

Appeal, by permission, from an order of the Supreme Court at Special Term (Cholakis, J.), entered October 30,1981 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied respondent Comptroller’s motion to dismiss the petition on the ground that it was barred by the Statute of Limitations. Petitioner’s assignor, Lizza and Sons, Inc., filed a claim against the State which was settled against the State for $650,000 after petitioner was substituted as claimant. The settlement was reduced to judgment and entered on December 28, 1979. When petitioner sought to secure payment of…