Ordered that the judgment is reversed, without costs or disbursements, the application is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for further proceedings.
Since this suit against the individual respondents sounds in tort for damages arising out of an alleged breach of a duty owed individually by those respondents directly to the petitioner, the State is not the real party in interest even though it could be held secondarily liable...
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