New York State Court of Claims

New York State Court of Claims

CHUBB v. STATE OF NEW YORK, #2008-042-515, Claim No. 114789, Motion No. M-74691


Synopsis


This is a motion brought by defendant for an order dismissing the claim pursuant to CPLR 3211 (a) (2) and CPLR 3211 (a) (7) for lack of subject matter jurisdiction and failure to state a cause of action. Defendant’s motion is granted.

Case Information

UID:
2008-042-515
Claimant(s):
STEVEN J. CHUBB
Claimant short name:
CHUBB
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114789
Motion number(s):
M-74691
Cross-motion number(s):

Judge:
NORMAN I. SIEGEL
Claimant’s attorney:
SHAWN W. CAREY, ESQ.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General of the State of New York
By: G. LAWRENCE DILLON, ESQ.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 5, 2008
City:
Utica
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

This matter comes before the Court on a motion by defendant for an order dismissing the proposed claim, pursuant to CPLR 3211 (a) (2) and CPLR 3211 (a) (7), for lack of subject matter jurisdiction and for failure to state a cause of action. The court has considered the following papers:

  1. Notice of Motion, filed March 18, 2008
  2. Affirmation of G. Lawrence Dillon, Esq., dated March 17, 2008
  3. Exhibits A - B, annexed to the moving papers
  4. Letter of Claimant's Attorney, Shawn W. Carey, Esq., dated March 25, 2008
_____________________________________

The claim arises out of a construction accident in which the claimant, a worker at the site, was injured. The construction site was the Ogdensburg Bridge & Port Authority Commerce Park in the City of Ogdensburg, New York. Defendant contends that these premises are not owned, operated or controlled by the defendant State of New York. Defense counsel also notes, upon information and belief, that claimant has properly commenced an action in Supreme Court against the Ogdensburg Bridge and Port Authority.

Counsel for claimant has submitted a letter to the Court advising that claimant does not oppose this motion.

Since the position of the State of New York that it does not own, operate or control the accident site is unopposed, defendant’s motion to dismiss the claim pursuant to CPLR 3211 (a) (2) and CPLR 3211 (a) (7) is granted.



June 5, 2008
Utica, New York

HON. NORMAN I. SIEGEL
Judge of the Court of Claims