New York State Court of Claims

New York State Court of Claims

MYERS v. THE STATE OF NEW YORK, #2006-009-035, Claim No. 111866, Motion No. M-71368


Synopsis


Defendant’s motion to dismiss the claim was granted, based upon claimant’s failure to specify any alleged acts of negligence.

Case Information

UID:
2006-009-035
Claimant(s):
DARRYL V. MYERS
1 1.
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Claimant short name:
MYERS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court, sua sponte, has amended the caption to reflect the State of New York as the only proper defendant before this Court.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111866
Motion number(s):
M-71368
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant’s attorney:
DARRYL V. MYERS, Pro Se
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General
BY: Joel L. Marmelstein, Esq.,
Assistant Attorney General
Of Counsel.
Third-party defendant’s attorney:

Signature date:
June 5, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this pre-answer motion to dismiss the claim pursuant to CPLR Rule 3211(a)(2) and (8) for lack of jurisdiction.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibit 1,2

Claimant has not submitted any papers in opposition to the relief sought by the defendant, nor has he contacted the Court in any manner whatsoever regarding this motion.

In his claim (see Exhibit A), claimant alleges, in pertinent part, that he “fell on the ice on the walkway between buildings 2 and 3 resulting in an injury to my left side.” Although not specifically stated in the claim, it appears that claimant was an inmate residing at Mid-State Correctional Facility at the time of his fall.

In order to be legally sufficient, a claim “shall state the time when and place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained and the total sum claimed”. (Court of Claims Act § 11[b]). A claim which fails to state the manner in which claimant was injured and how the State was negligent does not satisfy the requirements of this statute (Heisler v State of New York, 78 AD2d 767).

In this case, claimant has failed to specify any alleged acts of negligence against the State. Since the claim lacks this material element, it is fatally defective and must be dismissed (Chung v State of New York, 122 Misc 2d 676; Jackson v State of New York, 85 AD2d 818; Patterson v State of New York,54 AD2d 147, aff’d 45 NY2d 885).

Accordingly, it is

ORDERED, that Motion No. M-71368 is hereby GRANTED; and it is further

ORDERED, that Claim No. 111866 is hereby DISMISSED.


June 5, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims