New York State Court of Claims

New York State Court of Claims

LEDSON v. THE STATE OF NEW YORK, #2005-016-028, Claim No. 110385, Motion No. M-69798


Synopsis


Claim arising from construction project injury at Bellevue Hospital was dismissed as the Court of Claims lacks jurisdiction.

Case Information

UID:
2005-016-028
Claimant(s):
MICHAEL LEDSON
Claimant short name:
LEDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110385
Motion number(s):
M-69798
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Fortunato & Fortunato PLLCNo Appearance
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Ellen Matowik, Esq., AAG
Third-party defendant’s attorney:

Signature date:
April 4, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss the claim of Michael Ledson, in which it is alleged that claimant was injured when he slipped and fell on “oil, grease and other slippery substance[s]” while working as an ironworker on a construction project at Bellevue Hospital in Manhattan. Defendant has submitted documentation indicating that Bellevue Hospital is a New York City Health and Hospitals Corporation facility, as well as documentation indicating that the site of the accident (462 1st Avenue, New York, NY, tax block 962, tax lot 100) is owned by the City of New York and the Dormitory Authority of the State of New York.

The Court of Claims has no jurisdiction over the New York City Health and Hospitals Corporation, the City of New York or the Dormitory Authority of the State of New York. See, e.g., respectively, Espinal v State of New York, Ct Cl November 2, 2000 (unreported, claim no. 103030, motion no. M-62470, Marin, J., UID #2000-016-093[1]); Torres v State of New York, Ct Cl June 29, 2001 (unreported, claim no. 95365, motion no. M-63437, Read, J., UID #2001-001-036); Blackman v State of New York, Ct Cl dated January 20, 1999 (unreported, claim no. 99313, motion no. M-58714, Lebous, J.).

Having submitted no opposition papers, claimant does not dispute defendant’s assertions or raise any other nexus with the State of New York. In view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-69798 be granted and claim no. 110385 be dismissed.


April 4, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]This and other decisions of the Court of Claims may be found on the Court’s website: www.nyscourtofclaims.state.ny.us.
  2. [2]The Court reviewed defendant’s notice of motion with affirmation in support and exhibits A through D.