New York State Court of Claims

New York State Court of Claims
FLOWER v. STATE OF NEW YORK, # 2021-032-058, Claim No. 135679, Motion No. M-96403

Synopsis

Case information

UID: 2021-032-058
Claimant(s): STEVEN FLOWER
Claimant short name: FLOWER
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 135679
Motion number(s): M-96403
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: NO APPEARANCE
Defendant's attorney: Hon. Letitia James, Attorney General
By: Ellen Mendelson, AAG
Third-party defendant's attorney:
Signature date: June 29, 2021
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The instant claim was filed on November 25, 2020 seeking damages for injuries sustained when claimant, an ironworker, fell at a construction site located about fifty feet southwest of the anchorage point on the Bronx side of the Henry Hudson River Bridge in the County of Bronx, in the City and State of New York (Verified Claim 3). Defendant moves to dismiss the claim on the ground that the State of New York does not own, operate or maintain the subject location, nor did it have any construction projects occurring at the subject location on the date of the accident. Claimant has not submitted opposition to the motion.

In support of its motion to dismiss, defendant submits a Bridge Inventory Identification sheet showing that the Henry Hudson Bridge is owned, operated and maintained by the Triborough Bridge and Tunnel Authority (TBTA), which is part of the Metropolitan Transportation Authority (MTA) (Affirmation of Ellen Mendelson, AAG, Exhibit B).

Additionally, defendant submits the affidavit of Prakash Roy, Claims Engineer in the New York City Regional Office of the New York State Department of Transportation (Mendelson Aff., Exhibit D). Roy avers that the subject location was not owned by the State on the date of the accident (Affidavit of Prakash Roy, 3). Roy further avers that the State did not have any construction contracts in effect at the subject location on the date of the accident (id. 5).

Both the TBTA and the MTA are public corporations established by statute (Public Authorities Law 552, 1263 [1] [a]). The Court of Claims does not have jurisdiction over either entity and actions against the TBTA or the MTA cannot be brought in this Court (see Swan v State of New York, UID No. 2015-049-032 [Ct Cl, Weinstein, J., May 28, 2015]; Posner v Metropolitan Trans. Auth., UID No. 2010-016-007 [Ct Cl, Marin, J., Feb. 4, 2010]).(1) As claimant has not responded to the instant motion, he has conceded defendant's assertion that the subject location is not owned and operated by the State of New York (Swan v State of New York, UID No. 2015-049-032 [Ct Cl, Weinstein, J., May 28, 2015]).

Based upon the foregoing, defendant's motion to dismiss the claim (M-96403) is granted. Claim number 135679 is dismissed.

June 29, 2021

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Notice of Motion, dated January 8, 2021; and Affirmation in Support, affirmed by Ellen Mendelson, AAG on January 8, 2021 with Exhibits A through D annexed thereto.

1. Unpublished decisions and selected orders of the Court of Claims are available at http://www.nyscourtofclaims.state.ny.us.