New York State Court of Claims

New York State Court of Claims
COBENA v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK, HUNTER COLLEGE OF CUNY, HUNTER COLLEGE OF THE CITY UNIVERSITY OF NEW YORK, NYC AGENCY PROPERTIES, THE CITY OF NEW YORK AND HUNTER COLLEGE FOUNDATION, INC. THE STATE OF NEW YORK, # 2010-016-068, Claim No. 119030, Motion No. M-79031

Synopsis

Case information

UID: 2010-016-068
Claimant(s): ARNALDO COBENA
Claimant short name: COBENA
Footnote (claimant name) :
Defendant(s): DORMITORY AUTHORITY OF THE STATE OF NEW YORK, HUNTER COLLEGE OF CUNY, HUNTER COLLEGE OF THE CITY UNIVERSITY OF NEW YORK, NYC AGENCY PROPERTIES, THE CITY OF NEW YORK AND HUNTER COLLEGE FOUNDATION, INC. THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 119030
Motion number(s): M-79031
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Robert J. Renna, P.C.
No Appearance
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Gwendolyn Hatcher, AAG
Third-party defendant's attorney:
Signature date: December 8, 2010
City: New York
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Defendant State of New York moves for an order dismissing this claim as to the State. The underlying claim, which cites violations of the New York State Labor Law, alleges that on December 24, 2009, claimant Arnaldo Cobena was injured when he fell from a ladder that had collapsed while he was in the course of his employment with Ahern Painting Contractors Inc., which had contracted to do repair work at Hunter College, part of the City University of New York ("CUNY"). Claimant submitted no opposition papers on this motion.

CUNY and the State of New York are distinct legal entities and the State is not a proper defendant in claims based on the alleged actions of CUNY. See, e.g., Davalos v City University of New York, Ct Cl, February 4, 2002 (unreported, claim no. 105280, motion nos. M-64508 and CM-64564, UID #2002-016-010, Marin, J.). In the instant claim, there are no allegations relating to the State of New York, and accordingly, the motion to dismiss as to the State of New York should be granted.

While the State of New York did not seek relief in the following regard, it correctly notes that aside from CUNY and the State, the latter of which is improperly named here, the Court of Claims lacks jurisdiction over the Dormitory Authority of the State of New York, "NYC Agency Properties," the City of New York, and the "Hunter College Foundation, Inc." The Court of Claims has jurisdiction only over claims against the State of New York and a limited number of other entities specifically enumerated by statute, which do not include the aforementioned entities.

With regard to "Hunter College of CUNY," and "Hunter College of the City University of New York," the properly named defendant is the City University of New York.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-79031 be granted and that claim no. 119030 be dismissed as to the State of New York. IT IS FURTHER SUA SPONTE ORDERED that claim no. 119030 be dismissed as to all other named defendants except the City University of New York, and that the caption be deemed amended to name as the sole defendant the City University of New York.

December 8, 2010

New York, New York

Alan C. Marin

Judge of the Court of Claims


1. The court reviewed defendant State of New York's notice of motion with affirmation in support and exhibits A and B. Claimant submitted no opposition papers.