New York State Court of Claims

New York State Court of Claims

SERWATKA v. THE STATE OF NEW YORK, #2000-016-040, Claim No. 101081, Motion No. M-61656


Synopsis


Claim was dismissed on the grounds that the Court of Claims lacks jurisdiction over the Jacob Javits Convention Center.

Case Information

UID:
2000-016-040
Claimant(s):
EUGENE SERWATKA
Claimant short name:
SERWATKA
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101081
Motion number(s):
M-61656
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Weiser & Associates, P.C.By: Martin J. Weiser, Esq.
Defendant's attorney:
Jacobowitz, Garfinkel & LesmanBy: Eve Frances Neuman, Esq.
Third-party defendant's attorney:

Signature date:
July 10, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The claim of Eugene Serwatka arises from a March 25, 1999 incident in which Serwatka was allegedly struck by a skid being unloaded by a forklift at the Jacob Javits Convention Center. This is defendant's motion to dismiss on the grounds that the Court of Claims lacks jurisdiction over the claim. The Jacob Javits Convention Center, i.e. the New York Convention Center Operating Corporation, is a public benefit corporation pursuant to Public Authorities Law §§2561 and 2562; the Court of Claims does not have jurisdiction over claims against the Jacob Javits Convention Center. See, e.g., Murray v State of New York, Claim No. 101257, Motion No. M-60838, unreported decision filed January 14, 2000 (Marin, J.); Lyons v State of New York, Claim No. 94590, Motion No. M-56699, unreported decision filed March 24, 1998 (Nadel, J.).

In sum, this Court lacks jurisdiction over Serwatka's claim. Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that defendant's motion is granted and the claim of Eugene Serwatka is dismissed.



July 10, 2000
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]Along with the pleadings, the Court reviewed defendant's notice of motion with supporting affirmation and Exhibits A-D. Claimant filed no opposition papers.