Opinion
# 2015-049-026 Claim No. 125088 Motion No. M-85911
02-18-2015
HILA RAMATI v. CITY UNIVERSITY OF NEW YORK - QUEENSBOROUGH COMMUNITY COLLEGE
Daniel Pinkhasov & Associates, PLLC By: No Appearance Eric T. Schneiderman, New York State Attorney General By: Joseph L. Paterno, Assistant Attorney General
Synopsis
Case information
| UID: | 2015-049-026 |
| Claimant(s): | HILA RAMATI |
| Claimant short name: | RAMATI |
| Footnote (claimant name) : | |
| Defendant(s): | CITY UNIVERSITY OF NEW YORK - QUEENSBOROUGH COMMUNITY COLLEGE |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125088 |
| Motion number(s): | M-85911 |
| Cross-motion number(s): | |
| Judge: | DAVID A. WEINSTEIN |
| Claimant's attorney: | Daniel Pinkhasov & Associates, PLLC By: No Appearance |
| Defendant's attorney: | Eric T. Schneiderman, New York State Attorney General By: Joseph L. Paterno, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 18, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
In a claim filed October 7, 2014, claimant Hila Ramati alleges that she was injured when she tripped and fell on the steps of the library at Queensborough Community College ("QCC"), due to the defective condition of those steps. In this pre-answer motion, defendant City University of New York ("CUNY") moves to dismiss the claim on the ground that the Court of Claims lacks jurisdiction over actions involving a community college of CUNY. Claimant has submitted no opposition to the motion.
The Court of Claims has jurisdiction only over claims against the State of New York and a limited number of other entities specifically enumerated by statute (see Court of Claims Act § 9; NY Const, art VI, § 9). As to CUNY, Education Law § 6224(4) provides that the Court of Claims has exclusive jurisdiction to hear tort claims (and certain other claims not relevant here) against CUNY's "senior colleges," while in regard to actions against CUNY community colleges, section 6224(1) provides that the provisions of General Municipal Law §§ 50-e and 50-i apply, and that the "provisions of subdivision four . . . of this section shall not apply to such actions and proceedings." The referenced provisions of the General Municipal Law concern lawsuits brought against municipalities in courts of general jurisdiction, not the Court of Claims. Thus, community colleges must be sued in Supreme Court, and this Court lacks jurisdiction over claims against them (see Amato v State of New York, 131 Misc 2d 1049, 1049 [Ct Cl 1986] [Court of Claims "only has jurisdiction to hear causes of action sounding in tort allegedly committed by senior colleges" of CUNY, not community colleges]).
QCC is a community college (see Matter of Apollon v Giuliani, 168 Misc 2d 363, 364 [Sup Ct, New York County 1995] [QCC is one of six CUNY community colleges]). It is, therefore, subject to suit only in a court of general jurisdiction pursuant to the notice of claim procedures of the General Municipal Law, and not in this Court.
In view of the foregoing, it is
ORDERED that motion no. M-85911 be granted and that claim no. 125088 be dismissed.
February 18, 2015
Albany, New York
DAVID A. WEINSTEIN
Judge of the Court of Claims
Papers Considered
1. Defendants' Notice of Motion, Affirmation in support, and annexed Exhibits.