New York State Court of Claims

New York State Court of Claims
BARTIROMO v. THE STATE OF NEW YORK, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, and BROOKLYN COLLEGE, # 2017-032-060, Claim No. 129798, Motion No. M-90717

Synopsis

Motion to dismiss the claim asserted against defendant DASNY for lack of subject matter jurisdiction is granted.

Case information

UID: 2017-032-060
Claimant(s): NICHOLAS BARTIROMO
Claimant short name: BARTIROMO
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, and BROOKLYN COLLEGE
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129798
Motion number(s): M-90717
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: Law Office of Melissa Betancourt, P.C.
By: Melissa Betancourt, Esq.
Defendant's attorney: New York State Dormitory Authority:
Law Office of Robert L. Boydstun, Esq.
By: Robert L. Boydstun, Esq.
Third-party defendant's attorney:
Signature date: November 15, 2017
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant alleges that on April 20, 2017 he was injured while playing basketball in a recreation area at Brooklyn College. On or about June 12, 2017, claimant served and filed a claim against the State of New York, the Dormitory Authority of the State of New York (DASNY), the City University of New York, and Brooklyn College alleging negligence. Defendant DASNY now brings this motion to dismiss pursuant to CPLR 3211 (a) (7) alleging that the Court of Claims lacks subject matter jurisdiction over the cause of action asserted against DASNY. Claimant did not file a response to the motion. For the following reasons, the Court grants DASNY's motion to dismiss.

It is well-settled that the Court of Claims lacks jurisdiction for causes of action asserted against DASNY (Barrow v State of New York, UID No. 2017-032-006 [Ct Cl, Hard, J., Feb. 27, 2017]; Gallegos v State of New York, UID No. 2016-016-032 [Ct Cl, Marin, J., May 17, 2016]). Litigants who wish to assert a cause of action against DASNY must do so in the Supreme Court of the county in which the authority has its principal office or where it has facilities involved in the action (see CPLR 505 [a]; (Barrow v State of New York, UID No. 2017-032-006 [Ct Cl, Hard, J., Feb. 27, 2017]).

In light of the foregoing, the Court finds that it lacks subject matter jurisdiction over the claim as asserted against DASNY. Accordingly, it is ordered that motion no. M-90717 seeking to dismiss the claim against defendant DASNY is granted.

November 15, 2017

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Notice of Motion to Dismiss; Affirmation in Support of Motion to Dismiss, affirmed by Robert L. Boydstun, Esq. on July 12, 2017.