206 Misc. 1003 | N.Y. Sup. Ct. | 1954
Upon the contention that it is an instrumentality of the State engaged in carrying out a governmental function — hence, the State itself — and as such not subject to suit in any of its courts save the Court of Claims, the plaintiff moves pursuant to rule 109 of the Buies of Civil Practice to dismiss the defendant’s counterclaim on the ground that the Supreme Court has no jurisdiction of the subject matter thereof.
The problem which the motion poses is whether the plaintiff is only an agency of the State in the performance of its educational functions or has been delegated governmental powers to be exercised apart from State liability. (Pantess v. Saratoga Springs Auth., 255 App. Div. 426; Samuel Adler, Inc., v. Noyes, 285 N. Y. 34.)
The plaintiff was created by an act of the Legislature (Education Law, § 352; L. 1948, ch. 695, as amd.) which reads, in part, as follows: “ 1. There is hereby created in the state education department within the higher educational system of the state as established under the board of regents a corporation to be known as the state university of New York which shall be
Those statutes indicate that the Legislature intended to create a mere corporate agency within the State’s Department of Education directly to carry out certain of its governmental functions in respect of higher education. As such it has immunity from suit in the Supreme Court. (Breen v. Mortgage Comm. of State of N. Y., 285 N. Y. 425; Pauchogue Land Corp. v. Long Island State Park Comm., 243 N. Y. 15; Conklin v. Palisades Interstate Park Comm., 282 App. Div. 728; People v. Greylock Constr. Co., 213 App. Div. 21; Switzer v. Commissioners for Loaning Certain Moneys of U. S. of N. Y. Co., 134 App. Div. 487; Matter of Pink, 34 N. Y. S. 2d 758.)
The Dormitory Authority which was held in Braun v. State of New York (203 Misc. 563), to be an independent State agency
The motion is granted and the counterclaim is dismissed, without costs.
Submit order.