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GUIDEONE SPECIALTY MUTUAL INSURANCE COMPANY v. STATE INSURANCE FUND

No. 2011-02824.

94 A.D.3d 700 (2012)

941 N.Y.S.2d 506

2012 NY Slip Op 2454

GUIDEONE SPECIALTY MUTUAL INSURANCE COMPANY et al., Respondents, v. STATE INSURANCE FUND, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 3, 2012.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant State Insurance Fund to dismiss the complaint insofar as asserted against it is granted.

A claim for money damages against the State must be litigated in the Court of Claims (see Court of Claims Act § 9 [2]). "The State Insurance Fund is a state agency, and, consequently, claims against it for money damages must be litigated...

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