New York State Court of Claims

New York State Court of Claims

SMITH v. THE STATE OF NEW YORK, #2007-016-025, Claim No. None, Motion No. M-73377


Synopsis


Late claim motion was denied as Court of Claims lacks jurisdiction of the Triborough Bridge and Tunnel Authority.

Case Information

UID:
2007-016-025
Claimant(s):
JOHNNY SMITH
Claimant short name:
SMITH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-73377
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Romano & Kuan, PLLCBy: Anthony Cecutti, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gail P. Pierce-Siponen, Esq., AAG
Third-party defendant’s attorney:

Signature date:
June 28, 2007
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant Johnny Smith moves for permission to file a late claim pursuant to §10.6 of the Court of Claims Act (the Act”). In his proposed claim, he alleges, among other things, that he was assaulted by an officer of the Triborough Bridge and Tunnel Authority on October 2, 2006. Ordinarily, in determining whether to grant this motion, six factors enumerated in the Act must be considered: whether (1) defendant had notice of the essential facts constituting the claim; (2) defendant had an opportunity to investigate the circumstances underlying the claim; (3) the defendant was substantially prejudiced; (4) the claimant has any other available remedy; (5) the delay was excusable and (6) the claim appears to be meritorious.

In this case, however, such factors need not be reached, as the Court of Claims lacks jurisdiction over the Triborough Bridge and Tunnel Authority. See, e.g., Meehan v State of New York, Ct Cl, October 29, 2003 (unreported, claim no. 108207, motion no. M-67398, UID #2003-016-086[1], Marin, J.).

Accordingly, having reviewed the submissions[2], IT IS ORDERED that motion no. M-73377 be denied.


June 28, 2007
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 claimant’s notice of motion with affirmation in support and exhibits A-D; and defendant’s affirmation in opposition.