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EHRLICH v. UNIV. OF HOUSTON

69 A.D.2d 75 (1979)

Ehrlich-Bober & Co., Inc., Appellant, v. University of Houston, Respondent

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

July 10, 1979

Attorney(s) appearing for the Case

John S. Martin, Jr., of counsel (Martin L. Perschetz with him on the briefs; Martin Obermaier & Morvillo, attorneys), for appellant.

Daniel A. Pollack of counsel (Martin I. Kaminsky, Neil D. Thompson and Stephen W. Berger with him on the briefs; Pollack & Kaminsky, attorneys), and James F. Parker of counsel (John L. Hill, Attorney-General of Texas), for respondent.

BIRNS, SANDLER and SILVERMAN, JJ., concur with LANE, J.; KUPFERMAN, J. P., dissents in an opinion.

LANE, J.

We agree with the underlying facts as stated in the dissent. We also concur in the conclusion that dismissal on the basis of the doctrine of forum non conveniens would not obtain in this case. However, we find that dismissal of the complaint was appropriate by applying the doctrine of sovereign immunity.

In the State of New York, the doctrine of sovereign immunity is applicable to a New...

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