Claim against Metropolitan Transportation Authority was dismissed.
|Claimant short name:||POSNER|
|Footnote (claimant name) :|
|Defendant(s):||METROPOLITAN TRANSIT AUTHORITY|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Stacy Posner, Pro Se
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
|Third-party defendant's attorney:|
|Signature date:||February 4, 2010|
|See also (multicaptioned case)|
In this claim, Stacy Posner alleges that her vehicle was struck by an "MTA bus" in Manhattan on April 30, 2009. This is the court's order to show cause why the claim should not be dismissed for lack of jurisdiction.
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 the action could be brought in this Court, Ms. Posner, who submitted no opposition papers, does not dispute that she failed to serve her claim on the Attorney General of the State of New York, a jurisdictional requirement pursuant to §11.a of the Court of Claims Act.
In view of the foregoing, IT IS ORDERED that motion no. M-77392 be granted and that claim no. 117185 be dismissed.
February 4, 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.