Opinion
# 2019-059-025 Claim No. 133536 Motion No. M-94742
11-12-2019
VLADIMIR ROUDIK, as Parent and Natural Guardians of E.R., an infant v. THE STATE OF NEW YORK
FREKHTMAN & ASSOCIATES By: Alex Rybakov, Esq. HON. LETITIA JAMES, ATTORNEY GENERAL By: Lawrence E. Kozar, Assistant Attorney General
Synopsis
Case information
| UID: | 2019-059-025 |
| Claimant(s): | VLADIMIR ROUDIK, as Parent and Natural Guardians of E.R., an infant |
| Claimant short name: | E.R. |
| Footnote (claimant name) : | The Court amends the caption of the Claim to include only the initials of the minor Claimant (see Uniform Rules for the Court of Claims § 206.5[e][i][iii]). |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 133536 |
| Motion number(s): | M-94742 |
| Cross-motion number(s): | |
| Judge: | MAUREEN T. LICCIONE |
| Claimant's attorney: | FREKHTMAN & ASSOCIATES By: Alex Rybakov, Esq. |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY GENERAL By: Lawrence E. Kozar, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | November 12, 2019 |
| City: | Central Islip |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
In a claim filed August 26, 2019, E.R. by her father and natural guardian Vladimir Roudik, and Vladimir Roudik individually (collectively "Claimant"), seek to hold defendant State of New York ("Defendant") liable for injuries sustained by E.R. as the result of a trip and fall that occurred on the premises known as Kingsborough Community College ("KCC"), located at 2001 Oriental Blvd., Brooklyn.
Defendant brings a pre-answer motion to dismiss the claim on the grounds that the Court of Claims lacks jurisdiction over the claim since it involves a community college and that the claim has been improperly brought against the State of New York. Claimant does not oppose 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, Monreal v New York State Dept. of Health, 38 AD3d 1118, 1119 [3d Dept 2007]). City University of New York ("CUNY") is one such entity, but only as to its senior colleges. Though the claim names the State as a defendant and makes allegations against the State, CUNY and the State are separate and distinct legal entities and the State is not a proper defendant in claims based on the actions of CUNY (see Perry v City of New York, 126 AD2d 714, [2d Dept 1987]; see also Education Law § 6203).
In any event, Education Law § 6224 (4) provides that the Court of Claims has exclusive jurisdiction over any "causes of action sounding in tort alleged to have been committed by a senior college" of the City University of New York. With respect to actions against CUNY community colleges, Education Law § 6224 (1) provides that the provisions of General Municipal Law §§ 50-e and 50-i apply, and 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. Moreover, Education Law § 6202 (5) defines the term "senior college" as "not including a community college." KCC, by definition, is not a senior college, but is a community college of CUNY.
Accordingly, the Court of Claims lacks subject matter jurisdiction since the State is not a proper party defendant, and this Court does not have the jurisdiction to hear claims against KCC (see e.g. Comer v State of New York, State Univ. of N.Y., UID No. 2019-049-008 [Ct Cl, Weinstein, J., Mar. 21, 2019]).
In light of the foregoing and with there being no opposition, it is hereby
ORDERED that motion no. M-94742 is granted and claim no. 133536 is dismissed.
Papers Considered:
1. Defendant's Notice of Motion, Affirmation in Support and annexed exhibit.
November 12, 2019
Central Islip, New York
MAUREEN T. LICCIONE
Judge of the Court of Claims