|Claimant(s):||DARREN JONATHAN MAJOR|
|Claimant short name:||MAJOR|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK AND NEW YORK CITY'S METROPOLITAN TRANSIT AUTHORITY|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Darren Jonathan Major, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
|Third-party defendant's attorney:|
|Signature date:||January 7, 2010|
|See also (multicaptioned case)|
Defendant moves to dismiss the claim of Darren Jonathan Major on the grounds that the Court of Claims cannot hear claims against the Metropolitan Transit Authority, and that Mr. Major improperly served his claim by Federal Express. Claimant does not oppose this motion. In his claim, Major alleges that on May 13, 2009, he was struck on the elbow and "knocked unconscious" by a New York City subway car at the "Sutphin Blvd/Archer Ave/JFK Airport" station in Queens.
The Metropolitan Transportation Authority, or MTA, is a public corporation established by statute. See Public Authorities Law §1260, et seq. The Court of Claims does not have jurisdiction over the MTA and actions against the MTA cannot be brought in this court. See, e.g., Foley v MTA, Ct Cl, April 29, 2004 (unreported, claim no. 108955, motion no. M-68232, UID # 2004-016-020(1) , Marin, J.).
Even if Major's action could be brought here, the court lacks jurisdiction because he improperly served his claim by Federal Express; section 11.a.(1) of the Court of Claims Act requires that claims be served either personally or by certified mail, return receipt requested.
In view of the foregoing, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-77405 be granted and that claim no. 117264 be dismissed.
January 7, 2010
New York, New York
Alan C. Marin
Judge of the Court of Claims
1. This and other decisions of the Court of Claims may be found on the court's website: www.nyscourtofclaims.state.ny.us.
2. The court reviewed defendant's notice of motion with affirmation in support and exhibits A through C. Claimant submitted no opposition papers.