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PLANET INS. CO. v. GUNTHER

152 Misc.2d 494 (1992)

Planet Insurance Company et al., Plaintiffs, v. J. Eric Gunther et al., Defendants.

Supreme Court, Rockland County.

July 27, 1992

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Kenneth L. Scheer of counsel), for New York State and another, defendants. Jones, Hirsch, Connors & Bull for plaintiffs.

JOAN B. LEFKOWITZ, J.

Motion is denied and cross motion granted. Subdivision (9-a) of section 9 of the Court of Claims Act applies only when an action is pending in the Court of Claims, which is not the case here. Section 361-b of the Public Authorities Law applies to actions for tortious wrongs or breach of contract, as well as equity actions. (Benz v New York State Thruway Auth., 9 N.Y.2d 486 [1961], cert...

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