New York State Court of Claims

New York State Court of Claims
RAMBERT v. THE STATE OF NEW YORK, # 2010-016-032, Claim No. 117517, Motion No. M-78023


Claim arising at the armory at 216 Fort Washington Avenue in Manhattan was dismissed where claimant did not dispute that the armory was not owned, operated or maintained by the State of New York.

Case information

UID: 2010-016-032
Claimant(s): SARAH RAMBERT, an infant by her mother and natural guardian, MARCIA RAMBERT
Claimant short name: RAMBERT
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117517
Motion number(s): M-78023
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
Third-party defendant's attorney:
Signature date: May 12, 2010
City: New York
Official citation:
Appellate results:
See also (multicaptioned case)


In this claim, it is alleged that Sarah Rambert was injured while participating in a race on the running track at the armory located at 216 Fort Washington Avenue in Manhattan. Defendant moves to dismiss the claim on the ground that the State does not own, operate or maintain the armory.

Defendant has submitted property records and other documents which indicate that the armory is owned by the City of New York, and that the tenant is The Armory Foundation, a not- for-profit corporation. See exhibits B through D to defendant's motion papers. Claimant, who failed to oppose this motion, does not dispute the foregoing.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-78023 be granted and that claim no. 117517 be dismissed.

May 12, 2010

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 through D. Claimant submitted no opposition papers.