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.
|Claimant(s):||SARAH RAMBERT, an infant by her mother and natural guardian, MARCIA RAMBERT|
|Claimant short name:||RAMBERT|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, Esq., AAG
|Third-party defendant's attorney:|
|Signature date:||May 12, 2010|
|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.