New York State Court of Claims

New York State Court of Claims

BURRY v. THE STATE OF NEW YORK, #2004-030-945, Claim No. 109884, Motion No. M-69265


Synopsis



Case Information

UID:
2004-030-945
Claimant(s):
DOROTHY BURRY
Claimant short name:
BURRY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109884
Motion number(s):
M-69265
Cross-motion number(s):

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

Signature date:
December 8, 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 the claim: Notice of Motion, Affirmation and Exhibits.

Claimant alleges that she was injured when she fell on an unsafe "handicapped ramp and/or walkway located at or near the intersection of East 161st Street and Walton Avenue [in the Bronx], on the southeast corner of the block where the [Bronx County] Supreme Court Building lies" (Claim, par 3).

The papers submitted in support of defendant's motion to dismiss establish that, while the defendant operates the Bronx County Supreme Court inside the building located on the block where claimant fell, the City of New York in fact owns the building as well as the sidewalks. The claim alleges state liability arising from its alleged status as owner of the premises, an allegation that defendant has shown to be false, and, not having responded to the motion, claimant has not offered any argument supporting potential state liability arising from whatever maintenance responsibility it has for the court facility.

Accordingly, the motion is granted and the claim is dismissed.

December 8, 2004
White Plains, New York

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