New York State Court of Claims

New York State Court of Claims

MANETTA v. THE STATE OF NEW YORK, #2005-015-007, Claim No. 106967, Motion No. M-69470


Synopsis


Court granted motion to allow withdrawal of claim brought on behalf of infant passenger where driver's claim was dismissed after trial on determination that State was not liable.

Case Information

UID:
2005-015-007
Claimant(s):
THOMAS V. MANETTA and BETH MANETTA as Parents and natural guardians on behalf of their infant THOMAS J. MANETTA
Claimant short name:
MANETTA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106967
Motion number(s):
M-69470
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Melvin T. Higgins, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 28, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimants' motion pursuant to CPLR 3217 (a) (2) and (b) seeking leave to discontinue an action brought on behalf of their infant son on the ground that liability against the defendant cannot be shown is granted. The infant claimant, Thomas J. Manetta, was injured in a one vehicle accident on State Route 9G at or near the Linlithgo Bridge in Columbia County on November 26, 2000 at approximately 6:30 a.m. The claim alleges that at the time of the accident the infant was a passenger in a motor vehicle being operated by his grandfather Gaetano Manetta. Mr. Manetta purportedly lost control of his vehicle due to the failure of the County of Columbia to maintain the roadway in light of then existing weather conditions. The instant claim is one of four claims resulting from this accident.

The claim of Gaetano Manetta (Claim No. 103854) was tried before the Court on March 4, 2004. In a decision dated June 24, 2004 the Court found that the actions of the Columbia County Department of Public Works acting on the State's behalf were reasonable under the prevailing circumstances and conditions. Accordingly, the Court held that the State was not liable for the accident and the claim was dismissed. The Court's decision regarding the State's non-liability has been appealed. The companion actions by Thomas V. Manetta and Beth E. Manetta (Claim Nos. 106965, 106966) have been discontinued by stipulation of counsel pursuant to CPLR 3217 (a) (2).

The instant motion is necessary since the remaining action was brought on behalf of an infant. The defendant, by the affirmation of Assistant Attorney General Belinda Wagner, has not opposed this motion.

Claimants' motion is granted in light of the Court's prior determination establishing the non-liability of the defendant and the claim is deemed dismissed. A stipulation of the parties discontinuing this action is unnecessary.


January 28, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated December 7, 2004;
  2. Affirmation of Melvin T. Higgins dated December 7, 2004;
  3. Affirmation of Belinda A. Wagner dated December 29, 2004.