New York State Court of Claims

New York State Court of Claims

FILANNINO v. THE STATE OF NEW YORK, #2003-016-054, Claim No. 107817, Motion No. M-67021


Synopsis



Case Information

UID:
2003-016-054
Claimant(s):
RALPH FILANNINO
Claimant short name:
FILANNINO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107817
Motion number(s):
M-67021
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Sacks & Sacks, Esqs.No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
July 21, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss the claim of Ralph Filannino; claimant did not oppose the motion. In his claim, Mr. Filannino alleges that on May 19, 2003, he was injured when he fell from a steel column while working on a construction project on the Henry Hudson Bridge in the Bronx. Defendant asserts that the claim should be dismissed because the State of New York does not own or maintain the Henry Hudson Bridge. In support thereof, defendant submits the affidavit of Osama Khalil, Civil Engineer and Claims Engineer for the New York State Department of Transportation, New York City Regional Office. Mr. Khalil states that it is the Triborough Bridge and Tunnel Authority – not the State of New York – that owned and maintained the bridge at the time of claimant's accident. See ¶3(b) of the June 18, 2003 affidavit of Osama Khalil, annexed to defendant's moving papers as exhibit B. In support, he attaches a copy of the "Bridge Identification" which lists the Triborough Bridge and Tunnel Authority as the owner and maintainer of the bridge. Mr. Khalil further states that the State had no construction contract with claimant's employer on the date of his accident.

Section 552 of the Public Authorities Law provides that the Triborough Bridge and Tunnel Authority is "a body corporate and politic constituting a public benefit corporation." The Court of Claims Act grants this Court jurisdiction over specified suits against the State of New York. A small number of other public entities are subject to the jurisdiction of the Court of Claims via explicit statutory authority, for example, the New York State Thruway Authority by Public Authorities Law §361-b. However, there is no statutory authority subjecting the Triborough Bridge and Tunnel Authority to the jurisdiction of this Court.

Accordingly, having reviewed the submissions,[1] IT IS ORDERED that motion no. M-67021 be granted and claim no. 107817 be dismissed.


July 21, 2003
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed defendant's notice of motion with affirmation in support and exhibits A and B.