Opinion
# 2021-032-038 Claim No. 135420 Motion No. M-96111
04-20-2021
DANIEL DALY and JENNIFER DALY v. STATE OF NEW YORK (1)
Sacks & Sacks, LLP By: NO APPEARANCE Hon. Letitia James, Attorney General By: Lawrence E. Kozar, AAG
Synopsis
Defendant's motion to dismiss the claim is granted. The Court of Claims has not jurisdiction over the Metropolitan Transportation Authority (MTA).
Case information
| UID: | 2021-032-038 |
| Claimant(s): | DANIEL DALY and JENNIFER DALY |
| Claimant short name: | DALY |
| Footnote (claimant name) : | |
| Defendant(s): | |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 135420 |
| Motion number(s): | M-96111 |
| Cross-motion number(s): | |
| Judge: | JUDITH A. HARD |
| Claimant's attorney: | Sacks & Sacks, LLP By: NO APPEARANCE |
| Defendant's attorney: | Hon. Letitia James, Attorney General By: Lawrence E. Kozar, AAG |
| Third-party defendant's attorney: | |
| Signature date: | April 20, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
The Court amends the caption sua sponte to reflect the only properly named defendant.
Decision
The instant claim was filed on October 1, 2020 seeking damages for injuries sustained by claimant, Daniel Daly, while working at the MTA Repair Yard a/k/a Staten Island - Clifton Shops. Defendant moves to dismiss the claim on the ground that the Court lacks jurisdiction over the claim, as the Metropolitan Transportation Authority (MTA) Repair Yard is owned and operated by the MTA Staten Island Rapid Transit Operating Authority, which is a part of the MTA. Claimants have not submitted a response to the motion.
The MTA is a public corporation established by statute (Public Authorities Law §1263 [1] [a]). The Court of Claims does not have jurisdiction over the MTA and actions against the MTA cannot be brought in this Court (see Posner v Metropolitan Trans. Auth., UID No. 2010-016-007 [Ct Cl, Marin, J., Feb. 4, 2010]). Actions against the MTA for damages must be commenced in Supreme Court pursuant to General Municipal Law section 50-e (Public Authorities Law § 1276; Carabajo v New York State Metropolitan Auth. Police Dept., UID No. 2017-049-020 [Ct Cl, Weinstein, J., July 20, 2017]). As claimants have not responded to the instant motion, they have conceded defendant's assertion that the subject location is not owned and operated by the State of New York, but rather is owned and operated by the MTA (Swan v State of New York, UID No. 2015-049-032 [Ct Cl, Weinstein, J., May 28, 2015]). Accordingly, the claim is dismissed.
Unpublished decisions and selected orders of the Court of Claims are available at http://www.nyscourtofclaims.state.ny.us. --------
Based upon the foregoing, defendant's motion to dismiss the claim (M-96111) is GRANTED and claim number 135420 is DISMISSED.
April 20, 2021
Albany, New York
JUDITH A. HARD
Judge of the Court of Claims Papers Considered: 1. Notice of Motion, dated November 5, 2020; and Affirmation in Support of Motion, affirmed by Lawrence E. Kozar, AAG on November 5, 2020, with Exhibit A annexed thereto.