New York State Court of Claims

New York State Court of Claims

ESPINAL v. THE STATE OF NEW YORK, #2000-016-093, Claim No. 103030, Motion No. M-62470


Synopsis


Claim dismissed as car involved in accident was city-owned, not state-owned.

Case Information

UID:
2000-016-093
Claimant(s):
ALEJANDRO ESPINAL
Claimant short name:
ESPINAL
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK and NEW YORK STATE HEALTH AND HOSPITAL CORPORATION
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103030
Motion number(s):
M-62470
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
No appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, AAG
Third-party defendant's attorney:

Signature date:
November 2, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is asserted that Alejandro Espinal was in an automobile accident involving a car owned by the State of New York, or more specifically, by the "New York State Health and Hospital Corporation." This is defendant's motion to dismiss on the grounds that this Court lacks jurisdiction. Defendant has submitted an affidavit stating that no such entity as the New York State Health and Hospital Corporation exists, and that the car in question is registered as owned by the New York City Health and Hospitals Corporation. See ¶6 of the September 27, 2000 affirmation of Susan J. Pogoda and Exhibit C thereto, a registration print-out. Claimant has not contested this assertion, having submitted no opposition papers.

The Court of Claims has no jurisdiction over the New York City Health and Hospitals Corporation, because the Court of Claims Act only grants this Court jurisdiction over specified suits against the State of New York. There are several entities other than the state which are 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), but the New York City Health and Hospitals Corporation is not one of these entities.

For the foregoing reasons, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-62470 is granted and claim no. 103030 of Alejandro Espinal is dismissed.


November 2, 2000
New York, New York

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




  1. [1]Along with the claim, the Court reviewed defendant's notice of motion with Exhibits A-D. Claimant submitted no papers on this motion.