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CARDINAL v. STATE OF NEW YORK

304 N.Y. 400 (1952)

Joseph Cardinal, Doing Business under the Name of Cardinal Engineering Company, Appellant and Respondent, v. State of New York, Respondent and Appellant. (Claim No. 28951.)

Court of Appeals of the State of New York.

Decided July 15, 1952

Attorney(s) appearing for the Case

Thomas A. McDonald, James S. Tobin and Edward C. McDonald for appellant and respondent.

Bernard Katzen, General Attorney (William H. Stieglitz and Harry Schechter of counsel), for State Insurance Fund, amicus curiæ.

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for respondent and appellant.

LOUGHRAN, Ch. J., LEWIS, CONWAY and FROESSEL, JJ., concur with DESMOND, J.; DYE and FULD, JJ., dissent in separate opinions.

DESMOND, J.

This suit, being on an insurance policy issued by the State Insurance Fund (see Workmen's Compensation Law, §§ 76-99), was properly brought against the State itself, in the Court of Claims (see Heath v. State of New York, 303 N.Y. 658). The lower courts denied recovery. We do not agree.

The policy which the Fund issued to claimant Cardinal was...

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