New York State Court of Claims

New York State Court of Claims

JENKINS v. THE STATE OF NEW YORK , #2003-028-531, Claim No. 106046, Motion No. M-66463


Synopsis


Case Information

UID:
2003-028-531
Claimant(s):
EARLINE JENKINS
Claimant short name:
JENKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106046
Motion number(s):
M-66463
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
Arnold J. Kaplan, Esq.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Ellen S. Mendelson, Esq.
Third-party defendant's attorney:

Signature date:
April 29, 2003
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the Defendant's Motion pursuant to Rule 3211 and/or 3212 of the Civil Practice Law and Rules, dismissing the claim on the grounds that the Court of Claims lacks jurisdiction:
1) Notice of Motion and supporting Affirmation of Assistant Attorney-General Ellen S. Mendelson (Mendelson Affirmation) with annexed Exhibits A-F, filed February 28, 2003.


2) No papers in opposition were submitted on behalf of the claimant.

The Claimant herein, Earline Jenkins, filed a claim alleging the Defendant's negligence in the design, construction, maintenance, repair, ownership and operation of the Midtown Community Court, located in Manhattan, New York, which resulted in a trip and fall accident in which Claimant was allegedly injured.

The State has moved to dismiss, alleging the Court lacks jurisdiction over the subject matter of the claim, purportedly because the property in question is neither owned nor maintained by the State of New York. In support of its position, the State submits a copy of the contract amendment for the period April 1, 2001 to March 31, 2002, evidencing the fact that the City of New York owned and controlled the property at the time of the accident, i.e., April 23, 2001 (Exhibit "D" annexed to Notice of Motion). Defendant has also submitted the Affidavit of Thomas J. Lotito, Coordinator of the Department of Facilities Management of the New York State Office of Court Administration, wherein he states that the premises in question, the Midtown Community Court, are owned and maintained by the City of New York.

In view of the above and the fact that the attorney for the Claimant has failed, though given an opportunity, to submit papers in opposition, the Court grants the State's Motion. The Claim is hereby dismissed.[1]



April 29, 2003
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims





[1] The Court notes that Claimant's counsel should have conducted a more thorough investigation before filing this claim. At the very least, counsel should have immediately withdrawn the claim when he became aware that jurisdiction did not lie as judicial resources are too scarce to be wasted on such uncontested motions.