Opinion
# 2015-016-045 Claim No. 125922 Motion No. M-86703
07-14-2015
THEODORE F. JOHNSON v. DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, THE NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL and THE CITY OF NEW YORK DEPARTMENT OF FINANCE
Theodore F. Johnson, Pro Se Eric T. Schneiderman, Attorney General By: Joseph L. Paterno, AAG
Synopsis
Case information
| UID: | 2015-016-045 |
| Claimant(s): | THEODORE F. JOHNSON |
| Claimant short name: | JOHNSON |
| Footnote (claimant name) : | |
| Defendant(s): | DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT OF THE CITY OF NEW YORK, THE NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL and THE CITY OF NEW YORK DEPARTMENT OF FINANCE |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125922 |
| Motion number(s): | M-86703 |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Theodore F. Johnson, Pro Se |
|---|---|
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Joseph L. Paterno, AAG |
| Third-party defendant's attorney: | |
| Signature date: | July 14, 2015 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The defendant State of New York has moved to dismiss the claim of Theodore F. Johnson, which involved a building he had purchased in 1986 that was located at 121 West 118th Street in Manhattan.
Mr. Johnson's claim contains a section on jurisdiction, which sets forth as the basis therefor the U.S. Constitution and federal statutes and rules. The claim refers to various issues that a building owner in the City of New York might confront, relating to inspections, fees and taxes and includes a number of decisions from state and federal courts. Claimant requests injunctive relief and punitive damages as well as compensatory damages on unspecified grounds. * * *
The Court of Appeals has stated that "Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed . . ." (Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]). In Dreger, the Court of Appeals upheld the dismissal of two suits in the Court of Claims because the method of service was via regular mail, not by certified mail, return receipt requested as is required by the Act.
A claim in this Court must strictly adhere to the substantive pleading requirements of the Court of Claims Act, the "Act" (Kolnacki v State of New York, 8 NY3d 277 [2007]). Section 11(b) of the Act requires that a claim state the time when and the place where such claim arose, the nature of the claim and the items of damages or injuries claimed. The nature of any action Mr. Johnson may have against the State of New York is not discernible from the claim. Apparently, the claim's one specific reference to an agency or instrumentality of the State of New York is a March 15, 1993 Field Inspection Report by the State's Department of Public Service on upgrading the gas service to 121 West 118th Street (exhibit J to the Claim).
Claimant states no accrual date for any cause of action against the State of New York. Under the Act, a claim must be served within 90 days after the accrual of the action, and the failure to comply "constitutes a jurisdictional defect warranting dismissal of the claim (citations omitted)." Davis v State of New York, 89 AD3d 1287 (3d Dept 2011). * * *
Theodore F. Johnson's claim fails to comply with the provisions of the Court of Claims Act. Accordingly, and having reviewed what was submitted, IT IS ORDERED that defendant's motion No. M-86703 is granted, and claim No.125922 is dismissed.
The following were reviewed: from defendant, a Notice of Motion and an Affirmation in Support (with exhibit A); no papers in opposition were submitted by claimant.
Mr. Johnson's claim was signed on April 2, 2015 and on April 8, 2015, he served the Attorney General and filed it with the Court of Claims (defendant's exhibit A to its Affirmation in Support). Defendant's motion was dated May 11, 2015 and filed with the Court on May 14, 2015.
On June 9, 2015, Mr. Johnson submitted an "Amended Complaint," which was filed with the Court of Claims on June 10, 2015. The Court is bound to consider only those papers submitted on notice to the other side, but in any event, it might be noted that nothing contained in the amended claim would remedy the procedural and substantive infirmities of the original claim.
July 14, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims