TRAVELERS IND. CO. v. STATE OF N. Y.


33 A.D.2d 127 (1969)

Travelers Indemnity Co., Respondent, v. State of New York, Appellant. (Claim Nos. 48813, 49547.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1969.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth Kessler Toch and Grace K. Banoff of counsel), for appellant.

Donovan, Donovan, Maloof & Walsh (John P. Walsh of counsel), for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT and SWEENEY, JJ., concur.


REYNOLDS, J.

This is an appeal from an order and judgments of the Court of Claims entered thereon granting summary judgment in an amount equal to that part of respondent's contribution to the Motor Vehicle Liability Security Fund which is attributable to premiums for uninsured motorist insurance.

The State first urges that the Court of Claims lacks jurisdiction over the instant case. However, the claim here involved is for a refund of moneys paid...

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