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GRAHAM v. STILLMAN

100 A.D.2d 893 (1984)

Elizabeth Graham et al., Appellants, v. Richard M. Stillman et al., Defendants, and State University Hospital, Respondent

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

April 16, 1984

¶ Order affirmed, with costs.

¶ Special Term properly dismissed the complaint as against defendant State University Hospital for lack of subject matter jurisdiction. The State of New York is the real party in interest in such litigation (see Education Law, § 352; cf. Easley v New York State Thruway Auth., 1 N.Y.2d 374), and, therefore, exclusive jurisdiction is vested in the Court of Claims (Court of Claims...

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