New York State Court of Claims

New York State Court of Claims

REDDICK v. OWNER'S MANAGEMENT OF ECONO-LOUNGE LOCATED AT 454 JAMES STREET, #2002-018-129, Claim No. 101085, Motion No. M-64192


Synopsis


Defendant's motion to dismiss claim granted due to lack of subject matter jurisdiction. (Court of Claims Act §9)

Case Information

UID:
2002-018-129
Claimant(s):
WILLIAM H. REDDICK, II
Claimant short name:
REDDICK
Footnote (claimant name) :

Defendant(s):
OWNER'S MANAGEMENT OF ECONO-LOUNGE LOCATED AT 454 JAMES STREET
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101085
Motion number(s):
M-64192
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
WILLIAM H. REDDICK, IIPRO SE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: TIMOTHY P. MULVEY, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 23, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant brings a motion to dismiss the claim. Defendant argues that claimant failed to properly serve the attorney general in accordance with Court of Claims Act §11 and has brought the claim against "Owner's Management of Econo-Lounge," a private business, over which this Court has no jurisdiction.

The claim seeks damages for mental duress, loss of property, loss of liberty, slanderous and false statements, and loss of employment opportunities as a result of the Econo-Lounge giving the Syracuse Police Department a key to the room claimant lawfully rented in order to search the room. The Econo-Lounge then accused claimant of damage and held some of his property.

The Court of Claims is a Court of limited jurisdiction, having the authority to hear only those claims specifically authorized by statute, and only those claims brought against the State of New York. (Court of Claims Act §9) Since the Econo-Lounge is a private entity, this Court lacks subject matter jurisdiction to hear this claim.

As a result of the foregoing defendant's motion is GRANTED and the claim is DISMISSED.

April 23, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court considered the following documents in deciding this motion:

Notice of Motion...............................................................................................1

Affirmation of Timothy P. Mulvey, Esquire, Assistant Attorney General

in support with exhibits attached thereto...............................................2


Filed Documents:


Claim...................................................................................................................3


Claimant did not respond to the motion.