Eale Realty Corp. v. State

Full title: EALE REALTY CORP. et al., Appellants, v. STATE OF NEW YORK, Respondent…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 23, 1985

115 A.D.2d 635 (N.Y. App. Div. 1985)

Opinion

December 23, 1985

Appeal from the Court of Claims (Rossetti, J.).

Judgment reversed, on the law, with costs, and matter remitted to the Court of Claims for a new determination on the merits of claimants' assertions.

The agreements in question and the underlying negotiations clearly set forth that the State was acting by and through an agent, the Facilities Development Corp. The claim, which is based on contract, was therefore properly brought against the State, and the Court of Claims has exclusive jurisdiction over such a claim (see, Court of Claims Act §§ 8, 9). Gibbons, J.P., Brown, Weinstein and Lawrence, JJ., concur.