New York State Court of Claims

New York State Court of Claims

FLOOD v. THE STATE OF NEW YORK, #2001-027-561, Claim No. 103237, Motion No. M-62783


Synopsis


Motion to Dismiss unopposed.

Case Information

UID:
2001-027-561
Claimant(s):
EUGENE FLOOD and BARBARA FLOOD
Claimant short name:
FLOOD
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103237
Motion number(s):
M-62783
Cross-motion number(s):

Judge:
ALTON R.WALDON, JR.
Claimant's attorney:
Sacks and Sacks, Esqs.By: No Appearance
Defendant's attorney:
Hon. Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 17, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the court on this motion: Defendant's Notice of Motion, Defendant's Affirmation in Support and annexed Exhibits A and B. Defendant, the State of New York, has moved, pursuant to Civil Practice Law and Rules(CPLR) R 3211 and Court of Claims Act(CCA) §§10 and 11, for an order dismissing the claim of claimants, Eugene Flood and Barbara Flood. Claimants have not opposed this motion.

Claimants filed a Claim in the Court of Claims in which they asserted that on September 12, 2000, claimant, Eugene Flood, an employee of Yonkers Contracting, was injured while working on the Manhattan Anchorage of the Manhattan Bridge. He alleges that he was struck by a falling cable which knocked him over. Claimants assert that Yonkers Contracting had entered into a contract with the defendant to perform work at the location in question.

In support of this motion, defendant has submitted an Affidavit from Osama Khalil, a civil engineer and Claims Engineer in the New York City Regional Office of the New York State Department of Transportation. In it, Mr. Khalil, states that the New York City Regional Office encompasses the accident site. Additionally, he opines that the Manhattan Bridge is owned and maintained by the City of New York. He attached to his Affidavit a copy of a bridge identification sheet which purports to list the City of New York as the owner and maintainer of the Manhattan Bridge. Mr. Khalil asserts that there were no contracts between defendant and Yonkers Contracting on the date and location of the alleged incident and that claimant, Eugene Flood did not work for defendant or its contractors on September 12, 2000. Lastly, Mr. Khalil, asserts that the City of New York had contract number BRC-1568C in effect at the time and location of the alleged incident.

Therefore, for the foregoing reasons, defendant's motion to dismiss the claim is granted.

May 17, 2001
New York, New York

HON. ALTON R.WALDON, JR.
Judge of the Court of Claims