Kenmore-Tonawanda School District v. State

Appellate Division of the Supreme Court of New York

Kenmore-Tonawanda School District v. State

38 A.D.3d 203, 831 N.Y.S.2d 67

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 1, 2007

StatusPublished

Cited by2 cases

This text of 38 A.D.3d 203 (Kenmore-Tonawanda School District v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenmore-Tonawanda School District v. State, 38 A.D.3d 203, 831 N.Y.S.2d 67 (N.Y. Ct. App. 2007).

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Opinion

Order of the Court of Claims of the State of New York (Thomas H. Scuccimarra, J.), entered June 29, 2006, which denied the parties’ respective motions for summary judgment, unanimously modified, on the law, to grant defendant’s motion for summary judgment dismissing the complaint, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

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 been granted. Concur—Mazzarelli, J.P, Andrias, Friedman, Sweeny and Kavanagh, JJ.

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Order of the Court of Claims of the State of New York (Thomas H. Scuccimarra, J.), entered June 29, 2006, which denied the parties’ respective motions for summary judgment, unanimously modified, on the law, to grant defendant’s motion for summary judgment dismissing the complaint, and otherwise affirmed, without costs. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

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 been granted. Concur—Mazzarelli, J.P, Andrias, Friedman, Sweeny and Kavanagh, JJ.

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Bluebook (online)

38 A.D.3d 203, 831 N.Y.S.2d 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenmore-tonawanda-school-district-v-state-nyappdiv-2007.

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