New York State Court of Claims

New York State Court of Claims

RODRIGUEZ v. NEW YORK STATE URBAN DEVELOPMENT CORP., #2004-016-059, Claim No. 109421, Motion No. M-68778


Synopsis



Case Information

UID:
2004-016-059
Claimant(s):
EDUARDO RODRIGUEZ The caption on the claim as filed spelled claimant's name as "Rogriguez," however it is clear that the correct spelling is "Rodriguez."
Claimant short name:
RODRIGUEZ
Footnote (claimant name) :
The caption on the claim as filed spelled claimant's name as "Rogriguez," however it is clear that the correct spelling is "Rodriguez."
Defendant(s):
NEW YORK STATE URBAN DEVELOPMENT CORP.
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109421
Motion number(s):
M-68778
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Napoli, Kaiser & Bern, LLP On August 17, 2004, Steven E. Krentsel, Esq. wrote to the Court stating that his firm (now entitled Napoli & Bern, LLP) "has hereby rejected the client . . . Our office is no longer handling this matter." However, no motion to withdraw was made and thus such firm remains counsel of record on this case.No Appearance
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
September 28, 2004
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion to dismiss the claim of Eduardo Rodriguez. In his claim, Mr. Rodriguez alleges that because of the negligence of the New York State Urban Development Corp., on September 20, 2003, he was assaulted and robbed in the lobby of an apartment building at "1345 6th Avenue and East 121st Street" in Manhattan. The ground for defendant's motion is that the Court lacks jurisdiction over the New York State Urban Development Corp., which is now known as the Empire State Development Corp. In that regard, see, e.g., Aikens v State of New York and the New York State Urban Development Corporation, Ct Cl dated May 8, 2001 (unreported, motion nos. M-61450 and CM-61593, Waldon, J.), in which it was stated that "[t]he Court of Claims does not have jurisdiction over . . . the New York State Urban Development Corporation, a New York Public Benefit Corporation." See also Caines v State of New York, Ct Cl dated May 12, 1999 (unreported, claim no. 99767, motion no. M-59200, Lebous, J.).

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-68778 be granted and claim no. 109421 be dismissed.


September 28, 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 and B. Claimant submitted no opposition papers.