New York State Court of Claims

New York State Court of Claims

MARSHALL v. THE STATE OF NEW YORK, #2003-016-097, Claim No. 108216, Motion No. M-67441


Synopsis


Case Information

UID:
2003-016-097
Claimant(s):
ROMEO MARSHALL and JUDENE MARSHALL
Claimant short name:
MARSHALL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108216
Motion number(s):
M-67441
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Brand Brand & BurkeBy: Del H. Brand, Esq.
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 Romeo and Judene Marshall. In the underlying claim, it is alleged that Romeo Marshall tripped and fell while performing work on the tollbooths of 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 the affidavit of Osama Khalil, Claims Engineer in the New York City Regional Office of the New York State Department of Transportation. Mr. Khalil asserts that he reviewed the department's records and confirmed that the bridge is owned by the Triborough Bridge and Tunnel Authority. In support thereof, he annexes a "Bridge Identification," which lists the Triborough Bridge and Tunnel Authority as owning and maintaining the bridge. See exhibit A to defendant's reply papers. In addition, Mr. Khalil asserts that there were no New York State Department of Transportation construction contracts in effect with claimant's employer on the date or location of claimant's accident, however there was a Triborough Bridge & Tunnel Authority contract (#BW82A) in effect.

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-67441 be granted and claim no. 108216 be dismissed.



October 29, 2003
New York, New York

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





  1. [1]The Court reviewed the following: defendant's notice of motion with affirmation in support and exhibits A-C; claimant's affirmation in opposition with exhibit A; and defendant's reply affirmation with exhibits A-B.