From Casetext: Smarter Legal Research

Dinerman v. NYS Lottery

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2009
58 A.D.3d 669 (N.Y. App. Div. 2009)

Summary

In Dinerman, the Supreme Court Kings County dismissed the complaint pursuant to CPLR 3211 (a)(2) for lack of subject matter jurisdiction and the Second Department affirmed (id.).

Summary of this case from Palmer v. Cook

Opinion

No. 2008-01936.

January 20, 2009.

In an action to recover damages for negligence, the plaintiff appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated January 31, 2008, which granted the defendant's preanswer motion to dismiss the complaint pursuant to CPLR 3211 (a) (2).

Sally Dinerman, Brooklyn, N.Y., appellant pro se.

Andrew M. Cuomo, Attorney General, Albany, N.Y. (Denise A. Hartman and Marcus J. Mastracco of counsel), for respondent.

Before: Rivera, J.P., Santucci, Carni and Dickerson, JJ.


Ordered that the order is affirmed, without costs or disbursements.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, and employees acting in their official capacity in the exercise of governmental functions ( see Morell v Balasubramanian, 70 NY2d 297, 300; Schaffer v Evans, 57 NY2d 992, 994; Sinhogar v Parry, 53 NY2d 424, 431). Consequently, the Supreme Court properly granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (2) for lack of subject matter jurisdiction, as the claims in this case arise from acts performed, and determinations made, by State employees in the course of their official duties.


Summaries of

Dinerman v. NYS Lottery

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 2009
58 A.D.3d 669 (N.Y. App. Div. 2009)

In Dinerman, the Supreme Court Kings County dismissed the complaint pursuant to CPLR 3211 (a)(2) for lack of subject matter jurisdiction and the Second Department affirmed (id.).

Summary of this case from Palmer v. Cook
Case details for

Dinerman v. NYS Lottery

Case Details

Full title:SALLY DINERMAN, Appellant, v. NYS LOTTERY, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 20, 2009

Citations

58 A.D.3d 669 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 332
870 N.Y.S.2d 792

Citing Cases

Ruotolo v. State Div. of Hous. & Cmty. Renewal

Moreover, this case does not warrant the invocation of the exception to the mootness doctrine (see Matter of…

Byvalets v. State

The plaintiff failed to demonstrate a potentially meritorious opposition to the defendant's motion. The Court…