Opinion
# 2021-028-503 Claim No. 135492 Motion No. M-96308
02-16-2021
BRYAN JAIPUR v. THE STATE OF NEW YORK
NO APPEARANCE HON. LETITIA JAMES, ATTORNEY GENERAL BY: Lawrence E. Kozar, Esq. Assistant Attorney General
Synopsis
Case information
| UID: | 2021-028-503 |
| Claimant(s): | BRYAN JAIPUR |
| Claimant short name: | JAIPUR |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption of the action has been amended to reflect the only proper defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 135492 |
| Motion number(s): | M-96308 |
| Cross-motion number(s): | |
| Judge: | RICHARD E. SISE |
| Claimant's attorney: | NO APPEARANCE |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY GENERAL BY: Lawrence E. Kozar, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 16, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers were read on Defendant's motion to dismiss for lack of jurisdiction:
1. Notice of Motion filed December 29, 2020;
2. Affirmation of Lawrence E. Kozar filed December 29, 2020 with Exhibits A-D annexed.
Filed papers: Claim
Defendant has moved to dismiss the claim on the basis that the State of New York does not own, operate or maintain the location where the underlying accident occurred and was not involved in any construction projects at the accident site. Claimant has not opposed the motion.
The claim arises from an incident on October 1, 2020 in which Bryan Jaipur (claimant) was injured while engaged in a construction project on the Henry Hudson Bridge. At the time of the accident claimant was in the course of his employment for a private contractor and has alleged that the State of New York was negligent in its ownership, operation, management and control of the area where he was injured.
In support of the motion defendant has submitted an affidavit of Prakash Roy, a Claims Engineer in the New York City regional office of the State Department of Transportation. According to Roy, he caused a search to be conducted of the records of the Department of Transportation and determined that the Henry Hudson Bridge was not owned by the State on or prior to October 1, 2020. In addition, Roy determined that the State Department of Transportation did not have any construction contracts in effect at the time and location of the subject accident. According to defendant, the bridge where the accident occurred is owned by the Triborough Bridge and Tunnel Authority, a public benefit corporation independent of the State of New York (see Public Authorities Law article 3). Inasmuch as the State of New York had no responsibility for the place where the accident occurred and the court is without jurisdiction over the allegedly responsible party, the claim should be dismissed.
Accordingly, it is
ORDERED, that the motion is granted and the claim is dismissed.
February 16, 2021
Albany, New York
RICHARD E. SISE
Judge of the Court of Claims