Opinion
November 9, 1942.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, Fifth District.
Harry Schechter and William F. O'Rourke for appellants.
No appearance for respondent.
The State Insurance Fund is a State agency and as such cannot be sued in the Municipal Court. No setoff in the Municipal Court against a judgment recovered by the State Insurance Fund can be maintained.
Order reversed, with ten dollars costs, and motion denied.
McCOOK and McLAUGHLIN, JJ., concur; SHIENTAG, J., dissents.