New York State Court of Claims

New York State Court of Claims

STAHL v. THE STATE OF NEW YORK, #2003-010-030, Claim No. 107987, Motion No. M-67286


Synopsis


Defendant's unopposed motion to dismiss is granted pursuant to CPLR 3211(a)(2) and (a)(7).

Case Information

UID:
2003-010-030
Claimant(s):
MARCIA STAHL
Claimant short name:
STAHL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107987
Motion number(s):
M-67286
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
ROBERT K. YOUNG AND ASSOCIATES
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 17, 2003
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on defendant's unopposed motion to dismiss:
Notice of Motion, Attorney's Affirmation and Exhibits

Claim No. 107987 alleges that claimant was injured on April 28, 2003 when she tripped and fell on a defective sidewalk in the vicinity of 2365 Boston Post Road, Larchmont, New York on the easterly side of the road (Ex. A, ¶2).

In support of its motion, defendant submits the affidavit of Thomas Mason, Assistant Resident Engineer for the Westchester County Residency of the New York State Department of Transportation (Defendant's Ex. B). Mason's duties include overseeing the maintenance of New York State highways in southern Westchester County and knowing the area for which the New York State Department of Transportation is responsible. Mason represents that defendant had no maintenance responsibilities regarding the situs of the accident (id.). Rather, pursuant to Highway Law Section 46, the maintenance of the sidewalk is the responsibility of the Village of Larchmont, the village in which the sidewalk is located.

Accordingly, defendant's motion to dismiss is hereby GRANTED pursuant to CPLR 3211(a)(2) and (a)(7) and the claim is DISMISSED.


September 17, 2003
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims