New York State Court of Claims

New York State Court of Claims

HORN v. STATE OF NEW YORK, NEW YORK CONVENTION CENTER OPERATING CORPORATION and JACOB K. JAVITS CONVENTION CENTER OF NEW YORK, #2003-016-085, Claim No. 108005, Motion No. M-67281


Synopsis


Case Information

UID:
2003-016-085
Claimant(s):
FLORENCE HORN
Claimant short name:
HORN
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK, NEW YORK CONVENTION CENTER OPERATING CORPORATION and JACOB K. JAVITS CONVENTION CENTER OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108005
Motion number(s):
M-67281
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Burns & HarrisNo Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
October 29, 2003
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss the claim of Florence Horn on the ground that this Court lacks jurisdiction. In her underlying claim, Ms. Horn alleges that she tripped and fell over a "rolled up carpet" while attending a show at the Jacob K. Javits Convention Center in New York City.

The Jacob K. Javits Convention Center, i.e., the New York Convention Center Operating Corporation, is a public benefit corporation. See Public Authorities Law §§2561 and 2562. The Court of Claims does not have jurisdiction over claims against the Javits Center. See, e.g., Lyons v State of New York, Ct Cl filed March 24, 1998 (claim no. 94590, motion no. M-56699, unreported, Nadel, J.).

In sum, this Court lacks jurisdiction over the claim of Florence Horn. Accordingly, having reviewed the submissions[1], IT IS ORDERED that claim no. 108005 be dismissed.


October 29, 2003
New York, New York

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





[1]The following was reviewed: defendant's notice of motion with affirmation in support and exhibits A-C. Claimant filed no opposition papers.