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HURLEY v. HURLEY

67 A.D.2d 697 (1979)

Daniel Hurley, III, et al., Respondents, v. Mary Hurley et al., Defendants, and State of New York, Appellant

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

January 22, 1979

Order modified, on the law, by adding thereto, immediately after the word "denied", the following: "except that the motion is granted as to the third, fourth and fifth causes of action and the said causes of action are dismissed." As so modified, order affirmed, without costs or disbursements.

The State is immune from suit except to the extent that its immunity has been expressly waived (Benz v New York State Thruway Auth., 9 N.Y.2d 486

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