New York State Court of Claims

New York State Court of Claims

KIMBROUGH v. THE STATE OF NEW YORK, #2004-030-928, Claim No. 109331, Motion No. M-68637


Synopsis


motion to dismiss granted . . . no state involvement

Case Information

UID:
2004-030-928
Claimant(s):
REGINALD KIMBROUGH
Claimant short name:
KIMBROUGH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109331
Motion number(s):
M-68637
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
Sacks and Sacks, Esqs.(no appearance)
Defendant's attorney:
Eliot Spitzer, Attorney Generalby Grace A. Brannigan, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 28, 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 pursuant to


"Rule 3211 and/or 3212" of the CPLR: Notice of Motion, Affirmation and Exhibits.

According to the filed claim, claimant was injured on April 27, 2004 while he was working on a painting contract on the Williamsburg Bridge. The claim alleges that the State of New York owned, operated, managed and controlled the Williamsburg Bridge on the date in question and asserts liability pursuant to Labor Law sections 200, 240 and 241(6).

Defendant has submitted this pre-answer motion to dismiss, supported by the affidavit of a claims engineer with the State Department of Transportation, alleging that the State does not own the bridge and was not a party to the painting contract in question and that the City of New York in fact owns the bridge and was the contracting party.

Although claimant requested and received an adjournment, no opposition papers were submitted. The motion is granted and the claim is dismissed.

September 28, 2004
White Plains, New York

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