Opinion
# 2011-049-005 Claim No. 119929 Motion No. M-80069
08-22-2011
ISA D. LAGAMBA and VINCENZO LAGAMBA v. STATE OF NEW YORK
Synopsis Case information
UID: 2011-049-005 Claimant(s): ISA D. LAGAMBA and VINCENZO LAGAMBA Claimant short name: LAGAMBA Footnote (claimant name) : Defendant(s): STATE OF NEW YORK Footnote (defendant name) The caption has been amended sua sponte to reflect : the proper defendant. Third-party claimant(s): Third-party defendant(s): Claim number(s): 119929 Motion number(s): M-80069 Cross-motion number(s): Judge: DAVID A. WEINSTEIN Stefano A. Filippazzo, P.C. Claimant's attorney: By: No appearance Eric T. Schneiderman, NYS Attorney General Defendant's attorney: By: Joseph L. Paterno, Assistant Attorney General Third-party defendant's attorney: Signature date: August 22, 2011 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
The claim at issue alleges that on April 28, 2011, claimant Isa D. Lagamba was injured during the course of her employment when she was struck by a light/electrical pole in an area located across from P.S. 225 Seaside, 190 Beach 110th Street, Rockaway Park, in Queens, New York. The claim further states that the State of New York and Long Island Power Authority ("LIPA") owned the electrical poles, light poles, walkways, passageways, garbage storage area, sidewalk, and premises and improvements at the location of the incident.
"Claimant" refers to claimant Isa D. Lagamba as the claim of Vincenzo Lagamba is derivative in nature.
Defendant now moves to dismiss the claim on the grounds that: the State of New York does not own, operate or maintain the situs of the accident; the State of New York and LIPA are distinct entities; and this Court does not have jurisdiction over suits brought against LIPA.
The Court of Claims is a court of limited jurisdiction, with power to hear claims against the State and certain specific entities (see Court of Claims Act § 9; NY Const, art VI, § 9; see also Cooper v United States Postal Serv., 150 Misc 2d 77, 77 [Ct Cl 1991]["As opposed to the Supreme Court of the State of New York, the New York State Court of Claims is a tribunal of special jurisdiction having only such subject matter jurisdiction as has been granted it by statute"]).
In 1986 the New York State Legislature enacted the Long Island Power Authority Act (Public Authorities Law, art 5, title 1-A, section 1020, et seq.), which created LIPA, a not-for-profit public corporation. While created by the State, public authorities such as LIPA "are independent and autonomous, deliberately designed to be able to function with a freedom and flexibility not permitted to an ordinary State board, department or commission" (Matter of Levy v City Commn. on Human Rights, 85 NY2d 740, 744 [1995], quoting Matter of Plumbing, Heating, Piping & Air Conditioning Contrs. Assn. v New York State Thruway Auth., 5 NY2d 420, 423 [1959]). The Court of Claims does not have jurisdiction over public authorities except "[i]n those instances in which the New York State Legislature has decided to confer jurisdiction . . . specifically by statute" (Cole v State of New York, 64 AD2d 1023, 1024 [4th Dept 1978]).
With respect to actions brought against LIPA, Public Authorities Law § 1020-y (3) provides: "Except in an action for wrongful death, an action against the authority founded on tort shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued, nor unless a notice of claim shall have been served on the authority within the time limited by, and in compliance with all the requirements of section fifty-e of the general municipal law." The statute is silent with regard to jurisdiction of the Court of Claims (compare with Public Authorities Law § 361-b [New York State Thruway Authority]; Public Authorities Law § 2622 [4] [Olympic Regional Development Authority]). However, without an express grant of jurisdiction to the Court of Claims in the legislation governing LIPA, it is subject to suit only in a court of general jurisdiction (see Douglas v State of New York, UID No. 2010-030-505, Claim No. 117390, Motion No. M-77494, Scuccimarra, J. [January 6, 2010] [Court of Claims lacked jurisdiction over Battery Park City Authority, as governing statute did not provide for such jurisdiction, and fact that authority is subject to General Mun. Law § 50-e is "indicative of Legislative intent that Supreme Court be the forum for suit"]).
While the claimant also names the State of New York as a defendant, every allegation made against the State, including that regarding ownership of the property in question, is made jointly against the State and LIPA, notwithstanding that these are two distinct entities. The State contends in the present motion that it does not own the property at issue. Although the State's filings consist only of the affidavit of an attorney without personal knowledge, claimant did not submit opposition papers. Therefore, claimant has not disputed the State's assertion that it does not own, operate or maintain the situs of the accident (see Delrosario v State of New York, UID No. 2011-038-526, Claim No. 119229, Motion Nos. M-79567, M-79319, DeBow, J. [April 28, 2011] [granting State's motion to dismiss against State based on lack of opposition to its contention that Roosevelt Island Operating Corporation, not State, owned the property at issue]; Gerber v State of New York, UID No. 2010-029-004, Claim No. 117102, Motion No. M-77072, Mignano, J. [Jan. 6, 2010] [granting State's motion to dismiss "based on the uncontradicted allegations in the State's submission" regarding its lack of ownership over the property in question]). In light of that concession, the State's motion is granted, and the claim is dismissed in its entirety.
Accordingly, it is
ORDERED that motion no. M-80069 be granted and claim no. 119929 be dismissed.
August 22, 2011
Albany, New York
DAVID A. WEINSTEIN
Judge of the Court of Claims
Papers Considered
1. Defendant's Notice of Motion and Affirmation in Support, and annexed Exhibits.