New York State Court of Claims

New York State Court of Claims
TUNG v. METRO MANAGEMENT DEVELOPMENT INC., etc., # 2009-016-035, Claim No. 116446, Motion No. M-76597

Synopsis

Claim against co-op management company was dismissed as the Court of Claims lacks jurisdiction.

Case information

UID: 2009-016-035
Claimant(s): AMY TUNG AKA AMY KWOK
Claimant short name: TUNG
Footnote (claimant name) :
Defendant(s): METRO MANAGEMENT DEVELOPMENT INC., etc.
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116446
Motion number(s): M-76597
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Amy Tung aka Amy Kwok, Pro Se
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: June 9, 2009
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant moves to dismiss the claim of Amy Tung on the ground that this court lacks jurisdiction. In her claim, Ms. Tung alleges that after she sold her cooperative apartment in Queens, defendant Metro Management Development Inc. failed to return her $500 "move out deposit." Tung does not oppose defendant's motion.

The Court of Claims has jurisdiction only over claims against the State of New York and other entities specified in statute such as, e.g., the Thruway Authority by Public Authorities Law 361-b. The court does not have jurisdiction over claims against Metro Management Development Inc.

Accordingly, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-76597 be granted and claim no. 116446 be dismissed.

June 9, 2009

New York, New York

Alan C. Marin

Judge of the Court of Claims


1. The court reviewed defendant's notice of motion with affirmation in support and exhibits A and B. Claimant submitted no opposition papers.