Ruisi v. O'SULLIVAN

Opinion

BEAR, J.

The defendant, Timothy O’Sullivan, executive director of the Lawyers’ Fund for Client Protection of the state of New York (fund), appeals from the judgment of the trial court denying his motion to strike the complaint of the plaintiff, Natale Ruisi, on the ground of sovereign immunity. On appeal, the defendant claims that the court erred in denying his motion and in declining to consider his claim of sovereign immunity. We conclude that the court improperly declined to consider the merits of the defendant’s sovereign immunity defense, and, accordingly, we set aside the judgment…