New York State Court of Claims

New York State Court of Claims

AMES v. THE STATE OF NEW YORK, #2009-106-013, Claim No. 115885, Motion No. M-75878


Synopsis


Claim alleging slip and fall on sidewalk outside 2090 7th Avenue in Manhattan was dismissed as the state does not own, operate or control the location.

Case Information

UID:
2009-106-013
Claimant(s):
SUZANNE AMES
Claimant short name:
AMES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115885
Motion number(s):
M-75878
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
DeAngelis & HafizNo Appearance
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Gwendolyn Hatcher, Esq., AAG
Third-party defendant’s attorney:

Signature date:
February 26, 2009
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant moves to dismiss the claim of Suzanne Ames, in which it is alleged that on July 8, 2008, Ms. Ames tripped and fell on the public sidewalk outside 2090 7th Avenue in Manhattan. The State submits documentation indicating that 2090 7th Avenue which, according to the claim, is occupied by a White Castle restaurant and an Aerosole shoe store, is owned by an entity known as PJMX, Inc. See ¶5 of the November 17, 2008 affirmation of Gwendolyn Hatcher and exhibit B thereto. Claimant, who submitted no opposition papers on this motion, has provided nothing which would otherwise implicate the State in this matter.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-75878 be granted and that claim no. 115885 be dismissed.


February 26, 2009
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The Court reviewed defendant’s notice of motion with affirmation in support and exhibits A and B. Claimant submitted no papers.