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KENMORE-TONAWANDA SCHOOL DISTRICT v. STATE OF NEW YORK

38 A.D.3d 203 (2007)

831 N.Y.S.2d 67

KENMORE-TONAWANDA SCHOOL DISTRICT, Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent.

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

Decided March 1, 2007.

Claimant brought the instant action against the State Insurance Fund, the insurer of a company against whom claimant had obtained a judgment, pursuant to Insurance Law § 3420 (a) and (b). However, the State Insurance Fund is exempt from the requirements of Insurance Law § 3420 (a) and (b) (Insurance Law § 1108). Accordingly, defendant's motion for summary judgment dismissing the complaint should have...

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