New York State Court of Claims

New York State Court of Claims
POSNER v. METROPOLITAN TRANSIT AUTHORITY, # 2010-016-007, Claim No. 117185, Motion No. M-77392


Claim against Metropolitan Transportation Authority was dismissed.

Case information

UID: 2010-016-007
Claimant(s): STACY POSNER
Claimant short name: POSNER
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117185
Motion number(s): M-77392
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Stacy Posner, Pro Se
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
No Appearance
Third-party defendant's attorney:
Signature date: February 4, 2010
City: New York
Official citation:
Appellate results:
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: