New York State Court of Claims

New York State Court of Claims
NDIAYE v. THE STATE OF NEW YORK, CUNY and CITY UNIVERSITY OF NEW YORK BRONX COMMUNITY COLLEGE, # 2017-032-059, Claim No. 129403, Motion No. M-90291

Synopsis

Defendant's motion to dismiss is granted for lack of subject matter jurisdiction.

Case information

UID: 2017-032-059
Claimant(s): MODIBO NDIAYE
Claimant short name: NDIAYE
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK, CUNY and CITY UNIVERSITY OF NEW YORK BRONX COMMUNITY COLLEGE
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129403
Motion number(s): M-90291
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: Hallock & Malerba, P.C.
By: Allen Greenberg, Esq.
Defendant's attorney: Hon. Eric T. Schneiderman, NYS Attorney General
By: Lawrence E. Kozar, Assistant Attorney General,
Of Counsel
Third-party defendant's attorney:
Signature date: November 14, 2017
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

In a claim dated March 6, 2017, claimant alleges that on December 22, 2016 he sustained injuries when his vehicle was struck by a vehicle owned by the City University of New York Bronx Community College and operated by Rolando Chalas. On April 24, 2017, defendants filed a pre-answer motion to dismiss the claim on the ground that the Court lacks subject matter jurisdiction over the claim. On consent of the parties, the Court adjourned the motion on three separate occasions. Claimant did not file a response to the motion. For the reasons that follow, the Court grants defendants' motion and dismisses the claim.

Defendant alleges that the Court lacks subject matter jurisdiction over the claim because it alleges wrongdoing committed by a community college and its agent/employee. The Court agrees. Pursuant to Education Law 6224 (4), the Court of Claims has the exclusive jurisdiction to hear claims against the City University of New York. However, sections 50-e and 50-i of the General Municipal Law continue to apply to causes of action asserted against community colleges of the City University of New York (Education Law 6224 [1]). Pursuant to Education Law 6224 (1), actions alleging wrongdoing by a community college must be brought in a court of general jurisdiction, under General Municipal Law 50-e and 50-i (see Amato v State of New York, 131 Misc 2d 1049 [Ct Cl 1986] [Court of Claims lacks jurisdiction to hear claims brought against a community college]). Thus, the Court of Claims does not have jurisdiction to hear this claim alleging wrongdoing by Bronx Community College (Butt v City Univ. of New York, UID No. 2016-049-048 [Ct Cl, Weinstein, J., Dec. 9, 2016] [dismissing claim that alleged wrongdoing against Bronx Community College]).

In light of the foregoing, defendants' motion to dismiss (M-90291) is granted and Claim No. 129403 is dismissed.

November 14, 2017

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Verified Claim, dated March 6, 2017.

2. Notice of Motion, dated April 11, 2017, and Affirmation in Support of Motion, affirmed by Lawrence E. Kozar, AAG on April 11, 2017, with exhibit.