New York State Court of Claims

New York State Court of Claims

HERNANDEZ v. THE STATE OF NEW YORK AND NEW YORK STATE THRUWAY AUTHORITY, #2001-010-066, Claim No. NONE, Motion No. M-63711


Synopsis


Claimants' application for leave to file a late claim is denied.

Case Information

UID:
2001-010-066
Claimant(s):
TONETTA HERNANDEZ AND HERBERT HERNANDEZ
Claimant short name:
HERNANDEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
NONE
Motion number(s):
M-63711
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
GAMIEL A RAMSON, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: John Healey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 10, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimants' application for leave to file a late claim:
Notice of Motion, Attorney's Supporting Affirmation, Claimants' Supporting Affidavit, Proposed Claim........................................................................................1

Defendants' Affirmation in Opposition and Exhibit................................................2

The proposed claim which seeks damages for defendant's negligent actions alleges:

[o]n February 23, 2001 at about 7:15 a.m., claimant, TONETTA HERNANDEZ, was proceeding from her car in the parking lot of the maintenance building of the Tappan Zee Bridge location of the New York Thruway Authority to her place of employment in said maintenance building, When she was approximately three parking spaces from the side entrance to the maintenance building, she slipped and fell on a sheet of ice in said parking lot where water was allowed by defendants to accumulate from a storm drain and freeze into ice which ice was negligently and carelessly allowed by defendants to remain frozen and defendant's [sic] negligently and carelessly failed to treat said ice with salt or sand in order to prevent freezing or to melt the ice or to provide traction on said ice


(Claimants' Motion Papers, Proposed Claim, Unnumbered Paragraph 4).

By decision of the Workers' Compensation Board, filed May 2, 2001, claimants' accident was found to be "work related" (Defendant's Ex. A). The determination of the board is final and conclusive, until set aside and bars an action at law (Workers' Compensation Law §§ 10, 11; see, O'Connor v Midiria, 55 NY2d 538, 541; Raphael v Sun Oil Co., 214 AD2d 720; Orzechowski v Warner-Lambert Co., 92 AD2d 110).

Accordingly, claimants' motion is DENIED.


September 10, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims