Opinion
# 2015-049-032 Claim No. 125567 Motion No. M-86376
05-28-2015
TREVOR SWAN v. STATE OF NEW YORK
Sacks and Sacks, LLP By: No Appearance Eric T. Schneiderman, New York State Attorney General By: Joseph L. Paterno, Assistant Attorney General
Synopsis
The Court granted defendant's unopposed motion to dismiss a claim seeking damages for injuries sustained by claimant while working on a construction project on the Verrazano Narrows Bridge.
Case information
| UID: | 2015-049-032 |
| Claimant(s): | TREVOR SWAN |
| Claimant short name: | SWAN |
| Footnote (claimant name) : | |
| Defendant(s): | STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 125567 |
| Motion number(s): | M-86376 |
| Cross-motion number(s): | |
| Judge: | DAVID A. WEINSTEIN |
| Claimant's attorney: | Sacks and Sacks, LLP 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: | May 28, 2015 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Claimant Trevor Swan alleges, in a claim he has filed in this Court, that he was injured on November 13, 2014 while working on a construction project on the Verrazano Narrows Bridge ("the Verrazano"). Swan alleges that the location of the accident was "owned, operated, managed and controlled" by defendant State of New York (Claim ¶ 3).
Defendant now moves to dismiss this action, in a pre-answer motion supported by the affirmation of Assistant Attorney General Joseph Paterno. The affirmation states that the Verrazano is owned, operated and maintained by the Triborough Bridge and Tunnel Authority ("TBTA"), which is part of the Metropolitan Transit Authority ("MTA"). The MTA, in turn, is a public benefit corporation, which is a legal entity distinct from the State of New York, and which cannot be sued in this Court.
Claimant has not responded to the motion.
The State's submission cites no authority or evidence for the assertion that the Verrazano is owned by the TBTA. Nevertheless, since claimant has made no response, he has essentially conceded that this is the case. Moreover, the TBTA's ownership and control over the Verrazano is amply recognized in the caselaw (e.g. Leniar v Metropolitan Tr. Auth., 37 AD3d 425, 426 [2d Dept 2007] ["the Verrazano Bridge . . . is owned by the defendant Triborough Bridge and Tunnel Authority and managed by the defendant Metropolitan Transportation Authority"]; Golden v Metropolitan Transp. Auth., 126 AD2d 128, 130 [2d Dept 1987] ["respondent Triborough Bridge and Tunnel Authority, a public authority and public benefit corporation responsible for the operation of the [Verrazano Narrows] bridge . . . ."]).
Further, the State is correct that neither the MTA nor the TBTA are part of the State. Rather, both entities are public benefit corporations, with an independent existence (see Public Authorities Law §§ 552, 1263[1][a]). Neither, therefore, is subject to suit in the Court of Claims (see Meehan v State of New York, UID No. 2003-016-086 [ Ct Cl, Marin, J., Oct. 29, 2003] ["there is no statutory authority subjecting the Triborough Bridge and Tunnel Authority to the jurisdiction of this Court"]; Posner v Metropolitan Trans. Auth., UID No. 2010-016-007 [Ct Cl, Marin, J., Feb. 4, 2010] ["The Court of Claims does not have jurisdiction over the MTA and actions against the MTA cannot be brought in this Court"]).
Accordingly, Motion No. M-86376 to dismiss the claim is granted, and Claim No. 125567 is hereby dismissed.
May 28, 2015
Albany, New York
DAVID A. WEINSTEIN
Judge of the Court of Claims Papers Considered: 1. Defendant's Notice of Motion, Affirmation in Support and annexed exhibit.