KENMORE TONAWANDA SCHOOL DISTRICT v. STATE (2007)

Supreme Court, Appellate Division, First Department, New York.

KENMORE-TONAWANDA SCHOOL DISTRICT, Claimant-Respondent-Appellant, v. The STATE of New York, Defendant-Appellant-Respondent.

Decided: March 01, 2007

MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, SWEENY, KAVANAGH, JJ.

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.

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