FIRE & MARINE INS v. STATE


99 Misc.2d 140 (1979)

St. Paul Fire and Marine Insurance Company, Individually and on Behalf of All Others Similarly Situated, Claimant, v. State of New York et al., Defendants. (Claims Nos. 62098 and 60598-A.)

Court of Claims.

April 9, 1979


Attorney(s) appearing for the Case

Hart & Hume (William Hart and Robert Beau Leonard of counsel), for claimant. Robert Abrams, Attorney-General (Suzanne H. Loveys and Donald P. Hirshorn of counsel), for defendants.


GERARD M. WEISBERG, J.

The defendants (hereinafter collectively referred to as "State") have moved to dismiss this claim, contending that it fails to state a cause of action (CPLR 3211, subd [a], par 7), that the Court of Claims lacks jurisdiction over the subject matter of the action (CPLR 3211, subd [a], par 2), and that the claim is untimely (Court of Claims Act, § 10, subd 4). Claimant has cross-moved...

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