Kenmore-Tonawanda School Dist. v State of New York

Kenmore-Tonawanda School Dist. v State of New York 2007 NY Slip Op 01770 [38 AD3d 203] March 1, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

Kenmore-Tonawanda School District, Respondent-Appellant,
v
State of New York, Appellant-Respondent.

—[*1] Underberg & Kessler LLP, Rochester (Ronald G. Hull of counsel), for appellant-respondent.

Buchanan Ingersoll & Rooney PC, Buffalo (Scott M. Philbin of counsel), for respondent-appellant.

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.