New York State Court of Claims

New York State Court of Claims

LAYMAN v. THE STATE OF NEW YORK, #2000-019-523, Claim No. 102115, Motion No. M-61566


Synopsis


The State of New York moves to dismiss pursuant to CPLR 3211 and Workers' Compensation Law 11. Motion granted, Claim dismissed.

Case Information

UID:
2000-019-523
Claimant(s):
AMY E. LAYMAN
Claimant short name:
LAYMAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102115
Motion number(s):
M-61566
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
SCARZAFAVA & BASDEKISBY: Theodoros Basdekis, Esq., of counsel
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: James E. Shoemaker, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
June 22, 2000
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The State of New York (hereinafter "the State") moves to dismiss pursuant to CPLR 3211 and Workers' Compensation Law 11. Claimant has advised the Court by letter that there is no opposition to this motion.


The Court has considered the following papers in connection with this motion:
  1. Claim, filed March 13, 2000.
  2. Notice of Motion No. M-61566, dated April 17, 2000 and filed April 20, 2000.
  3. Affirmation of James E. Shoemaker, AAG, in support of motion, dated April 17, 2000, with attached exhibits.
  4. Letter from Theodoros Basdekis, Esq. to Court, dated May 5, 2000 and received May 10, 2000.
Claimant, a State trooper, was a passenger in a State owned and operated vehicle while in the course of her employment which was involved in an automobile accident that occurred on June 2, 1999. Claimant instituted this lawsuit seeking to recover for injuries she sustained as a result of that accident.


The State, in support of its motion, submits a copy of a "Notice of Decision" from the Workers' Compensation Board wherein Claimant received an award for these same injuries. The State submits that "[w]here an employee applies for and accepts Workers' Compensation benefits, he is deemed to have elected his remedy and thereby forfeits his right to proceed by way of action for common law tort." (Affirmation of James E. Shoemaker, AAG, ¶ 12 citing Babcock v Lamb, 247 AD2d 903). The Court agrees.


Accordingly, for the reasons stated above, it is ordered that the State's motion to dismiss, Motion No. M-61566, is GRANTED and Claim No. 102115 hereby is DISMISSED.


June 22, 2000
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims