Defendant's motion to dismiss claim against Good Samaritan Hospital, private physician and State of New York..
|Claimant short name:||CATONE|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK, GOOD SAMARITAN HOSPITAL, TIMOTHY CARTER, M.D.|
|Footnote (defendant name) :|
|Judge:||Gina M. Lopez-Summa|
|Claimant's attorney:||Merson Law, PLLC
By: Sarah R. Cantos, Esq.
|Defendant's attorney:||Hon. Letitia James, Attorney General
By: Ross N. Herman, Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||January 10, 2020|
|See also (multicaptioned case)|
The following papers were read and considered by the Court on this motion: Defendant's Notice of Motion to Dismiss, Defendant's Affirmation in Support with annexed Exhibits A-D, Claimant's Affirmation in Opposition with annexed Exhibit A, and Defendant's Reply Affirmation with annexed Exhibit 1.
Defendant, the State of New York, has brought this motion pursuant to Court of Claims Act §§ 9 and 10 (3) and CPLR 3211 (a) (2) and (7), seeking an order dismissing the claim on the grounds that the claim fails to state a cause of action against the State of New York, the Court lacks jurisdiction over the claim and the claim is untimely.
The underlying claim in this matter involves allegations of negligence and medical malpractice which took place at Good Samaritan Hospital. Claimant states in his claim that on May 7, 2019, medical personnel at Good Samaritan Hospital performed a double bypass surgery on him instead of performing a stent procedure. He further alleged that the surgery was improperly performed and unnecessary.
Defendant argues that the claim should be dismissed against the State of New York since all the allegations raised in the claim took place on May 7, 2019 at Good Samaritan Hospital, which is a non-State entity.
On a motion to dismiss pursuant to CPLR 3211, the court is required to "accept the facts as alleged in the [claim] as true, accord [claimant] the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory" (Leon v Martinez, 84 NY2d 83, 87-88 ). The review entails "whether the proponent of the pleading has a cause of action, not whether he has stated one" (id. at 88 [quotation marks omitted]).
The Court of Claims is a court of limited jurisdiction wherein claims primarily seeking monetary damages against the State of New York are brought (CCA § 9). The Court of Claims does not have jurisdiction over Good Samaritan Hospital which is a not-for-profit hospital owned and operated by the Catholic Health Services of Long Island (id.; see generally Worthy v Good Samaritan Hosp. Med. Ctr., 50 AD3d 1023 [2d Dept 2008]). The Court of Claims also lacks jurisdiction over Timothy Carter, M.D. since individuals cannot be sued in their individual capacity in the Court of Claims (CCA § 9). Additionally, claimant has failed to make any allegations against the State of New York in his claim. Thus, the claim must be dismissed against the State of New York for failing to state a cause of action. Further, the claim must be dismissed against Good Samaritan Hospital and Timothy Carter, M.D. for lack of jurisdiction.
Lastly, claimant concedes that he failed to timely serve and file her claim in this matter, a jurisdictional prerequisite for initiating a claim in the Court of Claims (CCA § 10 ). Failure to timely serve and file a claim also deprives the Court of jurisdiction over the claim (Lepkowski v State of New York, 1 NY3d 201 ; Weaver v State of New York, 82 AD3d 878 [2d Dept 2011]). Accordingly, the claim must also be dismissed on this ground.
Therefore, for the foregoing reasons, defendant's motion to dismiss the claim is granted.
January 10, 2020
Hauppauge, New York
Gina M. Lopez-Summa
Judge of the Court of Claims