New York State Court of Claims

New York State Court of Claims

CONSOLIDATED EDISON v. THE CITY UNIVERSITY OF NEW YORK, #2001-014-531, Claim No. 103089, Motion No. M-63248


Synopsis


Motion by named defendant New York State Dormitory Authority to dismiss the claim against it is granted.

Case Information

UID:
2001-014-531
Claimant(s):
CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.
Claimant short name:
CONSOLIDATED EDISON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103089
Motion number(s):
M-63248
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
None
Defendant's attorney:
Gladstein & IsaacBy: Glenn E. Richardson
Third-party defendant's attorney:

Signature date:
April 10, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on a motion by the named defendant New York State Dormitory Authority to dismiss the claim against it: Notice of Motion, Affirmation in Support and Exhibits annexed.


Upon the foregoing papers, and without opposition, the motion is granted.

The New York State Dormitory Authority, named herein as a defendant, moves to have the claim against it dismissed, on the ground that this Court does not have jurisdiction over claims against it. In Gembala v Audobon Association, Inc., 97 AD 2d 345, 346, the Court stated: "Where the State Legislature has decided to confer on the Court of Claims jurisdiction over public authorities, it has done so specifically by statute; the absence of such a provision in the enabling legislation indicates that jurisdiction lies with courts of general jurisdiction (see Cole v State of New York, 64 AD2d 1023, 1024)." No such jurisdiction with respect to the Dormitory Authority, a public benefit corporation (Public Authorities Law §1677), has been conferred upon the Court of Claims. See, Public Authorities Law §1675, et seq; Court of Claims Act §9.

Accordingly, the motion is granted: the claim against the New York State Dormitory Authority is dismissed.[1]


April 10, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims




[1]The Court of Claims does not have jurisdiction over Brooklyn College as an entity distinct from the City University of New York. Thus, the Court sua sponte amends the caption of the claim leaving only the City University of New York as the proper defendant.