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MARLEY CO. v. BOSTON OLD COLONY INS. CO.

No. 87 CIV. 6691 (SWK).

711 F.Supp. 153 (1989)

The MARLEY COMPANY and Employers Insurance of Wausau, Plaintiffs, v. BOSTON OLD COLONY INSURANCE COMPANY, Defendant. BOSTON OLD COLONY INSURANCE COMPANY, Third-Party Plaintiff, v. The STATE INSURANCE FUND, Third-Party Defendant.

United States District Court, S.D. New York.

April 21, 1989.

Attorney(s) appearing for the Case

White, Fleischner & Fino, New York City by Denis M. Wade, for plaintiffs.

Lester, Schwab, Katz & Dwyer, New York City by Saul Goldstein, for defendant and third-party plaintiff.

Kroll & Tract, New York City by Raymond A. Green, Leigh R. Isaacs, Alvin P. Bluthman, for third-party defendant.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Before this Court is the motion of the State Insurance Fund (the "SIF") to dismiss the third-party action for lack of subject matter jurisdiction on the ground that it is barred by the Eleventh Amendment of the United States Constitution. The SIF argues that the Eleventh Amendment bars the action against it, as it is an "alter ego" of the State and has not waived its Eleventh

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