New York State Court of Claims

New York State Court of Claims

MEEHAN v. THE STATE OF NEW YORK, #2003-016-086, Claim No. 108207, Motion No. M-67398


Synopsis


Case Information

UID:
2003-016-086
Claimant(s):
ARI MEEHAN and JESSICA MEEHAN
Claimant short name:
MEEHAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108207
Motion number(s):
M-67398
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Sacks & Sacks, LLPNo 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 Ari and Jessica Meehan. In the underlying claim, it is alleged that Ari Meehan was injured when he was struck by a falling fiberglass panel while in the course of his employment on a project on the Bronx Whitestone Bridge. Defendant asserts that the claim should be dismissed because it is the Triborough Bridge and Tunnel Authority – not the State of New York – that owns, operates and maintains the Bronx Whitestone Bridge. In support thereof, defendant submits a "Bridge Identification," which lists the Triborough Bridge and Tunnel Authority as owning and maintaining the bridge. Defendant asserts that the Triborough Bridge and Tunnel Authority is "part of the Metropolitan Transportation Authority" and also annexes copies of pages from the MTA's website, which list the Bronx-Whitestone Bridge as an MTA bridge. See exhibit B to the September 15, 2003 affirmation of Grace A. Brannigan. Claimant has not disputed these assertions, having submitted no opposition papers.

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-67398 be granted and claim no. 108207 be dismissed.


October 29, 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-C. Claimant submitted no opposition papers.