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Commissioners of the State Insurance Fund v. Rosenshield

179 Misc. 180 Court Supreme Court, Appellate Term, First Department, Decision date 1942-11-09 English

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p. 180
Commissioners of the State Insurance Fund, Appellants, v. Harry Rosenshield, Respondent.
Supreme Court, Appellate Term, First Department,
November 9, 1942.
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.