New York State Court of Claims

New York State Court of Claims

GARCIA v. THE STATE OF NEW YORK, #2000-016-002, Claim No. 101286, Motion No. M-60819


Motion to dismiss claim of worker injured on Manhattan Bridge was granted on grounds that state does not own, operate or maintain site of accident.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Alan C. Marin
Claimant's attorney:
Sacks and Sacks, Esqs.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, AAG
Third-party defendant's attorney:

Signature date:
May 10, 2000
New York

Official citation:

Appellate results:

See also (multicaptioned case)


In his underlying claim, Alex Garcia alleges that he was injured while working for his employer on the Manhattan Bridge. This is defendant's motion to dismiss the claim on the grounds that the state does not own, operate or maintain the bridge and that claimant has failed to adequately describe the manner and location of the accident pursuant to §11 of the Court of Claims Act. Defendant has submitted the affidavit of Osama Khalil, Claims Engineer in the City of New York Regional office of the New York State Department of Transportation. In his affidavit, Khalil states that he reviewed the records of the Department of Transportation, which show that the Manhattan Bridge is owned and maintained by the City of New York. See ¶3 of the November 10, 1999 affidavit of Osama Khalil (the "Khalil Aff.") and attached "Bridge Identification." Khalil goes on to state that there was no state construction contract in effect with claimant's employer on the date and location alleged in the claim and that claimant did not work for the state or its contractors on that date. See id. Khalil further states that the City of New York did have a contract in effect with claimant's employer on the date and location in question and attaches a letter from the city to the employer regarding work on the bridge. See id.

The Court of Claims has no jurisdiction over the City of New York, because the Court of Claims Act only grants this Court jurisdiction over specified suits against the State of New York. While there are a handful of entities other than the state which are made subject to Court of Claims jurisdiction by explicit statutory authority, for example the New York State Thruway Authority (by Public Authorities Law §361-b) or the senior colleges of the City University of New York (by Education Law §6224.4), the City of New York is not one of these entities.

Claimant has come forward with nothing contrary to defendant's assertions regarding the City of New York, having submitted no opposition papers.

In view of the foregoing, it is not necessary to reach the remaining ground for defendant's motion. Accordingly, having reviewed the parties' submissions,[1] IT IS ORDERED that defendant's motion is granted and the claim of Alex Garcia is dismissed.

May 10, 2000
New York, New York

Judge of the Court of Claims

  1. [1]Aside from the claim, the Court reviewed defendant's notice of motion and accompanying affirmation with Exhibits A-B (Exhibit B being the Khalil Aff.).