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FERNICOLA v. NEW YORK STATE INSURANCE FUND

293 A.D.2d 844 (2002)

741 N.Y.S.2d 139

ROBERT FERNICOLA et al., Appellants, v. NEW YORK STATE INSURANCE FUND et al., Respondents.

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

Decided April 11, 2002.

Peters, J.

Plaintiffs commenced this action against defendants New York State Insurance Fund (hereinafter NYSIF) and defendant Governor seeking damages in the amount of $32 million, plus interest.1 Defendants' motion to dismiss the complaint for failure to state a cause of action was granted by Supreme Court concluding, inter alia, that the factual allegations of the complaint were inherently incredible. Recognizing that plaintiffs have...

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