New York State Court of Claims

New York State Court of Claims

JACKSON v. JFK AIRPORT, PORT AUTHORITY, STATE OF NEW YORK, #2005-030-922, Claim No. 110570, Motion No. M-69987


Synopsis



Case Information

UID:
2005-030-922
Claimant(s):
DOROTHY J. JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

Defendant(s):
JFK AIRPORT, PORT AUTHORITY, STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110570
Motion number(s):
M-69987
Cross-motion number(s):

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

Signature date:
July 5, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The court read and considered the following papers on defendants' motion to dismiss the claim: Notice of Motion, Affirmation and Exhibits.

Claimant, pro se, alleges that she was injured in a slip and fall accident at JFK airport. In lieu of answering, defendants move to dismiss for lack of jurisdiction. Defendants' motion is unopposed.

As defendants correctly note, John F. Kennedy International Airport is owned and operated by the Port Authority of New York and New Jersey, not the State of New York and the Court of Claims lacks jurisdiction over actions against the Port Authority. Thus, to the extent that the claim is against the State of New York, it fails to state a cause of action and to the extent that it is against the Port Authority, the court has no jurisdiction. Accordingly, the motion is granted and the claim is dismissed.


July 5, 2005
White Plains, New York

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