Commissioners of the State Insurance Fund v. Great Neck Masonry Corp.

New York Supreme Court

Commissioners of the State Insurance Fund v. Great Neck Masonry Corp.

143 Misc. 2d 362, 540 N.Y.S.2d 402, 1989 N.Y. Misc. LEXIS 242

DecidedMarch 28, 1989

StatusPublished

This text of 143 Misc. 2d 362 (Commissioners of the State Insurance Fund v. Great Neck Masonry Corp.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commissioners of the State Insurance Fund v. Great Neck Masonry Corp., 143 Misc. 2d 362, 540 N.Y.S.2d 402, 1989 N.Y. Misc. LEXIS 242 (N.Y. Super. Ct. 1989).

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Opinion

OPINION OF THE COURT

Edward J. Greenfield, J.

Defendants’ motion for an order striking plaintiff’s complaint by reason of its failure to respond to defendants’ interrogatories is denied. Plaintiff is, however, directed to answer the defendants’ interrogatories dated December 7, 1988 within 45 days after service of a copy of this order with notice of entry. While interrogatories may not be served upon the State (CPLR 3102 [f]), the State Insurance Fund is, in matters of litigation, considered an entity separate from the State itself. (See, Commissioners of State Ins. Fund v Low, 285 App Div 525, affd 3 NY2d 590.) Consequently, the plaintiff is not exempt from service of interrogatories upon it.

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OPINION OF THE COURT

Edward J. Greenfield, J.

Defendants’ motion for an order striking plaintiff’s complaint by reason of its failure to respond to defendants’ interrogatories is denied. Plaintiff is, however, directed to answer the defendants’ interrogatories dated December 7, 1988 within 45 days after service of a copy of this order with notice of entry. While interrogatories may not be served upon the State (CPLR 3102 [f]), the State Insurance Fund is, in matters of litigation, considered an entity separate from the State itself. (See, Commissioners of State Ins. Fund v Low, 285 App Div 525, affd 3 NY2d 590.) Consequently, the plaintiff is not exempt from service of interrogatories upon it.

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Bluebook (online)

143 Misc. 2d 362, 540 N.Y.S.2d 402, 1989 N.Y. Misc. LEXIS 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commissioners-of-the-state-insurance-fund-v-great-neck-masonry-corp-nysupct-1989.

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