State's unopposed motion to dismiss granted, no jurisdiction against Village of Port Chester.
|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) :|
|Claimant's attorney:||CONCETTA SAVINO AND JOHN O'CONNOR
|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|
|See also (multicaptioned case)|
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
Judge of the Court of Claims