Guar. Trust Co. of New York v. State

CourtNew York Court of Appeals
Citation88 N.E.2d 726,300 N.Y. 498
Decision Date21 October 1949
PartiesGUARANTY TRUST COMPANY OF NEW YORK, Respondent, v. STATE, Appellant.

300 N.Y. 498
88 N.E.2d 726

STATE, Appellant.

Court of Appeals of New York.

Oct. 21, 1949.

On motion for reargument, 299 N.Y. 295, 86 N.E.2d 754.

Proceedings on claim by the Guaranty Trust Company of New York against the State of New York, to recover contributions made by the claimant toward the unemployment insurance fund.

The Attorney General moved to dismiss the claim for failure to comply with the requirements of the Court of Claims Act, s 10, subd. 4. The Court of Claims granted the motion, 186 Misc. 676, 62 N.Y.S.2d 309.

The claimant appealed from the judgment of dismissal to the Appellate Division. The Appellate Division reversed the order appealed from and remitted the matter to the Court of Claims for a hearing on the merits, 271 App.Div. 711, 69 N.Y.S.2d 65. Leave to appeal to the Court of Appeals was denied, 272 App.Div. 842, 71 N.Y.S.2d 731. Upon resubmission, the Court of Claims awarded claimant the amount sued for, 191 Misc. 259, 76 N.Y.S.2d 824. From the judgment of the Court of Claims, the State appealed. A motion by the claimant to dismiss the appeal was granted by the Appellate Division and the appeal dismissed, 275 App.Div. 725,79 N.Y.S.2d 865, and the defendant appealed. A motion to dismiss the appeal was denied by the Court of Appeals, 298 N.Y. 860, 84 N.E.2d 327. Judgment was reversed by the Court of Appeals and claim dismissed, 299 N.Y. 295, 86 N.E.2d 754.

[88 N.E.2d 726]

Motion for reargument denied with $10 costs and necessary printing disbursements.

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