New York State Court of Claims

New York State Court of Claims

FOLEY v. MTA, #2004-016-020, Claim No. 108955, Motion No. M-68232


Synopsis


Case Information

UID:
2004-016-020
Claimant(s):
JOHN FOLEY
Claimant short name:
FOLEY
Footnote (claimant name) :

Defendant(s):
MTA
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108955
Motion number(s):
M-68232
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Kathleen S. Campbell, Esq.No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
April 29, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In this claim, John Foley alleges that an "MTA bus hit my vehicle causing $1,139,05 in damages." This is defendant's motion to dismiss on the grounds that the MTA is an entity separate and distinct from the State of New York and also that the claim was untimely served and filed. The Metropolitan Transportation Authority, or MTA, is a public corporation established by statute. See Public Authorities Law §1260, et seq. The Court of Claims does not have jurisdiction over the MTA. See, e.g., Davis v State of New York, Ct Cl dated December 20, 2002 (unreported, claim no. 106375, motion no. M-65659, Waldon, J.). The remaining ground for defendant's motion need not be addressed.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-68232 be granted and claim no. 108955 be dismissed.


April 29, 2004
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.