Legal Opinion

Bush v. Stevenson Commons Associates, LLP

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

Decided December 20, 2017No. 2016-13029Published

1Opinion of the Court

In a claim, inter alia, to recover damages for housing discrimination, the claimant appeals from an order of the Court of Claims (Soto, J.), dated September 12, 2016, which granted the motion of nonparty State of New York to dismiss the claim for lack of subject matter jurisdiction.

Ordered that the order is affirmed, without costs or disbursements.

“The Court of Claims has limited jurisdiction to hear actions against the State itself, or actions naming State agencies or officials as defendants, where the action is, in reality, one against the State—i.e., where the State is the real party in…

2Cases cited4 opinions

  1. Morell v. BalasubramanianNew York Court of Appeals · 1987
  2. Borawski v. AbulafiaAppellate Division of the Supreme Court of the State of New York · 2014
  3. Erie Boulevard Hydropower, LP v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  4. Plath v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2003

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