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GEMBALA v. AUDOBON ASSN.

97 A.D.2d 345 (1983)

Barbara E. Gembala, Individually and as Parent and Natural Guardian of Michelle Gembala, Appellant, v. Audobon Association, Inc., et al., Defendants, and New York State Urban Development Corporation, Respondent

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

December 16, 1983

Attorney(s) appearing for the Case

Allen, Lippes & Shonn (Eric A. Bloom of counsel), for appellant.

Damon, Morey, Sawyer & Moot (Joseph A. Matteliano of counsel), for respondent.

DOERR, J. P., BOOMER, GREEN and SCHNEPP, JJ., concur.

O'DONNELL, J.

Plaintiff brought suit against several defendants including the Urban Development Corp. (UDC) in a negligence action in Erie County Supreme Court. UDC moved to dismiss the action pursuant to CPLR 3211 (subd [a], pars 2, 7) upon the grounds that Supreme Court lacked subject matter jurisdiction. Special Term granted the motion, finding that the UDC is the State qua State, a "corporate governmental agency of the State", and therefore, that...

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