New York Court of Appeals

Benjamin Morell v. Govindan R. Balasubramanian

October 8, 198770 N.Y.2d 297

Summary

The New York Court of Appeals held that the Court of Claims Act does not make the State the real party in interest in tort actions against State employees, so the Supreme Court has subject‑matter jurisdiction over the malpractice suit. The Court rejected the Attorney‑General’s reading that vicarious liability forces all such actions into the Court of Claims, affirming that individual employees may be sued in ordinary courts.