Opinion
October 15, 1998
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
The action was properly dismissed for lack of subject matter jurisdiction, Education Law § 6224 (4) conferring exclusive jurisdiction upon the Court of Claims over claims for breach of contract against City University involving its senior colleges ( see, Matter of Illickal v. Roman, 236 A.D.2d 247, lv denied 90 N.Y.2d 802), and notwithstanding defendant's failure to timely answer the complaint, lack of subject matter jurisdiction being a nonwaivable defense that may be raised at any stage of the action ( Matter of Fry v. Village of Tarrytown, 89 N.Y.2d 714, 718). We decline to review plaintiff's claim of discrimination, which was not pleaded in his complaint and is raised for the first time on appeal.
We note that, in any event, the action would be time-barred.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.