New York State Court of Claims

New York State Court of Claims

V. THE STATE OF NEW YORK, #2005-016-016, Claim No. 109160, Motion No. M-68482


Motion to dismiss was granted on ground that State did not own or maintain accident site.

Case Information

Claimant short name:

Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Alan C. Marin
Claimant's attorney:
Bornstein & Emanuel, P.C.By: Mark J. DeCicco, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Grace A. Brannigan, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 28, 2005
New York

Official citation:

Appellate results:

See also (multicaptioned case)


This is defendant's motion to dismiss the claim of Lucinda Cosentino, in which it is alleged that on May 2, 2002, Ms. Cosentino slipped and fell on the sidewalk outside the Kings County Supreme Courthouse, which is located at 360 Adams Street in Brooklyn. The ground for defendant's motion is that the State does not own or maintain the accident site. In support thereof, the State attaches a Lexis computer printout indicating that 360 Adams Street is owned by the Department of General Services, a New York City entity. See exhibit B to the May 12, 2004 affirmation of Grace A. Brannigan. Claimant's only argument in opposition is that she has not yet had any discovery; she points to no State nexus with the accident other than the fact that it occurred outside a State Supreme Courthouse.

The provision of courthouse facilities is essentially a local function, and only one part of such responsibility has been transferred to the State of New York: "commencing April first, nineteen hundred ninety-eight, the state shall be responsible for the cleaning of court facilities

. . ." Judiciary Law §39-b.2. "[T]he term ‘cleaning of court facilities' shall mean those services and activities that are necessary to insure that the interior of each court facility is and remains a clean and healthful environment in which to transact the business of the unified court system. These services and activities include, but are not limited to: removal of trash and debris; maintenance of appropriate standards of hygiene; painting; pest control; and replacement of consumable items such as light bulbs, soap, toilet paper and paper towelling. They also shall include the making of minor repairs in accordance with rules of the chief judge." Judiciary Law §39-b.1(b).

Nothing in claimant's papers indicates that her accident is in any way related to the State's §39-b.2 responsibilities at the Kings County Supreme Courthouse; as set forth above, her accident occurred on a New York City sidewalk outside the courthouse.

For the foregoing reasons, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-68482 be granted and claim no. 109160 be dismissed.

February 28, 2005
New York, New York

Judge of the Court of Claims

  1. [1]The following were reviewed: defendant's notice of motion with affirmation in support and exhibits A and B; and claimant's affidavit in opposition with exhibits 1 and 2.