New York State Court of Claims

New York State Court of Claims

DIXON v. THE STATE OF NEW YORK, #2004-030-909, Claim No. 108424, Motion No. M-67671


Synopsis


Case Information

UID:
2004-030-909
Claimant(s):
HUGH DIXON
Claimant short name:
DIXON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108424
Motion number(s):
M-67671
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Law office of Stephen M. Cohen
Defendant's attorney:
Eliot Spitzer, Attorney Generalby Grace A. Brannigan, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 24, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The court read and considered the following papers on defendant's motion to dismiss for


lack of jurisdiction: Notice of Motion, Affirmation and Exhibits.

Claimant alleges that he was injured on May 19, 2003 on a staircase leading to the Macombs Dam Bridge in Manhattan. The claim was served and filed on October 20, 2003, which is more than 90 days following accrual of the claim. Since claimant did not serve a notice of intention to file a claim and did not serve and file his claim until after the expiration of the statutory period (see Court of Claims Act section 10[3]), defendant moves to dismiss.

Although claimant requested and received an adjournment of the motion, it was ultimately submitted without any opposition papers. Based on the papers before the court, it is clear that defendant's contention that the court lacks jurisdiction is correct and that the claim must be dismissed for lack of jurisdiction.

Accordingly, the motion is granted and Claim No. 108424 is dismissed.

February 24, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims