New York State Court of Claims

New York State Court of Claims

SCHNETZER v. THE STATE OF NEW YORK, #2004-016-007, Claim No. 103007, Motion No. M-67709


Synopsis


Case Information

UID:
2004-016-007
Claimant(s):
FRANK SCHNETZER, an infant under the age of fourteen years old by his father and natural guardian FRANK SCHNETZER
Claimant short name:
SCHNETZER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103007
Motion number(s):
M-67709
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Mallilo & Grossman, Esqs.By: Francesco Pomara, Jr., Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Ellen S. Mendelson, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 19, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion for summary judgment dismissing the claim herein. In such claim, it is alleged that on July 27, 1999, the infant claimant was "in [defendant's] day camp located at 591 Main Street, Roosevelt Island, City and State of New York, when a heavy door was caused to close on his left 5th finger causing [him] to sustain serious personal injuries." Amended Verified Claim, ¶7. The basis for defendant's motion is that this Court lacks jurisdiction over the Roosevelt Island Operating Corporation ("RIOC"). The Court of Claims only has jurisdiction over the State of New York and other specified entities. See §11a.(ii) of the Court of Claims Act, as amended by chs. 435 and 439 of the Laws of 1999. It is undisputed that RIOC is not such an entity. See Unconsolidated Laws, §6385, et seq.

With regard to the State of New York, however, it is unclear from the papers as submitted, whether the tortious acts or omissions alleged would or would not be imputed to the State. Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-67709 be denied, with leave to resubmit within ninety (90) days of the Filing of this Decision and Order.


February 19, 2004
New York, New York

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




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