New York State Court of Claims

New York State Court of Claims

MOORE v. THE STATE OF NEW YORK, #2001-016-028, Claim No. 103578, Motion No. M-63052


Synopsis


Claim alleging that unevenly graded pavement caused motorcycle accident was dismissed as site was not on a state road.

Case Information

UID:
2001-016-028
Claimant(s):
ANDRE A. MOORE
Claimant short name:
MOORE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103578
Motion number(s):
M-63052
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:
April 17, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss the claim of Andre Moore, in which it is alleged that unevenly graded pavement caused claimant's motorcycle accident. Defendant asserts that the site of the accident, the Belt Parkway Eastbound in the vicinity of 92nd Street and 4th Avenue in Brooklyn, is not a New York State -- but rather a New York City – roadway. In support of its contention, defendant has submitted the affidavit of Osama Khalil, Claims Engineer in the City of New York Regional office of the New York State Department of Transportation. In his affidavit, Khalil states that he reviewed the records of the Department of Transportation, which show that the Belt Parkway at 92nd Street and 4th Avenue in Brooklyn is not part of the state arterial system. He further states that that section of roadway was built under the City of New York Department of Parks Contract #B-166-144. See ¶3 of the January 24, 2001 affidavit of Osama Khalil and the contract attached thereto.

The Court of Claims has no jurisdiction over the City of New York, because the Court of Claims Act only grants this Court jurisdiction over specified suits against the State of New York. While there are a handful of entities other than the state which are made 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), the City of New York is not one of these entities.

Claimant has come forward with nothing contrary to defendant's assertions regarding the City of New York, having submitted no opposition papers.

Accordingly, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-63052 be granted and claim no. 103578 be dismissed.


April 17, 2001
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 affirmation in support and Exhibits A-B. Claimant submitted no opposition papers.