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MORELL v. BALASUBRAMANIAN

70 N.Y.2d 297 (1987)

Benjamin Morell, Individually and as Administrator of The Estate of Rebecca Morell, Deceased, Appellant, v. Govindan R. Balasubramanian et al., Respondents.

Court of Appeals of the State of New York.

Decided October 8, 1987.

Attorney(s) appearing for the Case

Rebecca L. Weinstein for appellant.

Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff, of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.

HANCOCK, JR., J.

The issue is whether Supreme Court has subject matter jurisdiction to entertain an action against State employees for injuries allegedly sustained as a result of their negligence. The Appellate Division dismissed plaintiff's complaint holding that the State is the real party in interest in such an action and that it must be brought in the Court of Claims. We disagree and hold that the employees...

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