(DOWNLOAD) "Benjamin Morell v. Govindan R. Balasubramanian Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Benjamin Morell v. Govindan R. Balasubramanian Et Al.
- Author : Court of Appeals of New York
- Release Date : January 08, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
[70 N.Y.2d 297 Page 300] Opinion OF THE COURT The issue is whether Supreme Court has subject matter jurisdiction to entertain an action against State
employees for injuries allegedly sustained as a result of their negligence. The Appellate Division dismissed plaintiff's complaint
holding that the State is the real party in interest in such an action and that it must be brought in the Court of Claims.
We disagree and hold that the employees are the real parties in interest -- not the State -- and that, therefore, Supreme
Court has subject matter jurisdiction. There should be a reversal and a reinstatement of the complaint.
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