New York State Court of Claims

New York State Court of Claims
SAVINO v. THE VILLAGE OF PORT CHESTER, NEW YORK, # 2018-054-120, Claim No. 131432, Motion No. M-93138

Synopsis

State's unopposed motion to dismiss granted, no jurisdiction against Village of Port Chester.

Case information

UID: 2018-054-120
Claimant(s): MS. CONCETTA SAVINO AND MR. JOHN O'CONNOR
Claimant short name: SAVINO
Footnote (claimant name) :
Defendant(s): THE VILLAGE OF PORT CHESTER, NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 131432
Motion number(s): M-93138
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: CONCETTA SAVINO AND JOHN O'CONNOR
Pro se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Matthew H. Feinberg, Assistant Attorney General
Third-party defendant's attorney:
Signature date: December 21, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers were read and considered by the Court on the State's unopposed motion to dismiss:

Notice of Motion, Attorney's Supporting Affirmation, Memorandum of Law and Exhibit

Claimants, proceeding pro se, commenced an action in the Court of Claims against the Village of Port Chester. The claim alleged that on April 4, 2018, claimants sustained damages to two tires of their 2017 Porsche Panamera as a result of hitting a pothole on Boston Post Road in Port Chester.

The State moves to dismiss the claim on the grounds that the Court of Claims does not have jurisdiction over the named defendant, the Village of Port Chester, and the claim does not allege any wrongdoing by the State of New York. Claimants did not submit any opposition to the State's motion.

This Court does not have jurisdiction over the claim and the claim warrants dismissal (Court of Claims Act 9).

Accordingly, the State's unopposed motion to dismiss is GRANTED.

December 21, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims