Jacobowitz v. State University of New York Health Science Center

Appellate Division of the Supreme Court of New York

Jacobowitz v. State University of New York Health Science Center

5 A.D.3d 352, 772 N.Y.S.2d 537, 2004 N.Y. App. Div. LEXIS 2136

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 2004·Published·Cited by 2 cases

Opinion

In a claim to recover damages for breach of contract, the claimant appeals from an order of the Court of Claims (Read, J.), dated December 31, 2002, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a claim.

Ordered that the order is affirmed, with costs.

Since the subject agreement was not approved by the state comptroller as required under State Finance Law § 112, the motion to dismiss the claim was properly granted (see Becker & Assoc. v State of New York, 48 NY2d 867 [1979]). Further, contrary to the claimant’s contention, there was no purpose in allowing further discovery. Santucci, J.P., Florio, Schmidt and Mastro, JJ., concur.

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In a claim to recover damages for breach of contract, the claimant appeals from an order of the Court of Claims (Read, J.), dated December 31, 2002, which granted the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a claim.

Ordered that the order is affirmed, with costs.

Since the subject agreement was not approved by the state comptroller as required under State Finance Law § 112, the motion to dismiss the claim was properly granted (see Becker & Assoc. v State of New York, 48 NY2d 867 [1979]). Further, contrary to the claimant’s contention, there was no purpose in allowing further discovery. Santucci, J.P., Florio, Schmidt and Mastro, JJ., concur.

Jacobowitz v. State University of New York Health Science Center, 5 A.D.3d 352, 772 N.Y.S.2d 537, 2004 N.Y. App. Div. LEXIS 2136 (N.Y. Ct. App. 2004).

Pincite

5 A.D.3d 352 (Jacobowitz v. State University of New York Health Science Center) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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