Opinion
# 2019-015-100 Claim No. 131947 Claim No. 131948 Motion No. M-92908 Motion No. M-92909
01-02-2019
LYUBOV YEFIMOVA v. THE STATE OF NEW YORK
No Appearance Honorable Letitia James, Attorney General By: Paul F. Cagino, Esq., Assistant Attorney General
Synopsis
Two claims were dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b) and for failure to state a cause of action.
Case information
| UID: | 2019-015-100 |
| Claimant(s): | LYUBOV YEFIMOVA |
| Claimant short name: | YEFIMOVA |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The caption for Claim No. 131948 has been amended sua sponte to reflect the only properly named defendant. Caption for Claim No. 131947 was previously amended. |
|---|---|
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 131947, 131948 |
| Motion number(s): | M-92908, M-92909 |
| Cross-motion number(s): | |
| Judge: | FRANCIS T. COLLINS |
| Claimant's attorney: | No Appearance |
| Defendant's attorney: | Honorable Letitia James, Attorney General By: Paul F. Cagino, Esq., Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 2, 2019 |
| City: | Saratoga Springs |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves to dismiss the instant claims pursuant to CPLR 3211 (a) (2) and (7) on the grounds the Court of Claims lacks jurisdiction over the defendants named therein and the claims fail to meet the pleading requirements of Court of Claims Act § 11 (b).
In claim number 131947 claimant seeks damages against Manadjer Kim Hansel based upon complaints involving a parking space and a criminal group that allegedly uses her apartment for prostitution as well as other conduct, the description of which is largely indecipherable.
In claim number 131948 claimant seeks damages against the "IRS Offise [sic]" for robbery and a host of other complaints.
As a threshold matter, the Court of Claims is a Court of limited jurisdiction empowered to award damages in appropriation, contract or tort for claims against the State of New York (see NY Const, art VI, § 9; Court of Claims Act § 9) and certain other specified State entities (see, e.g., Education Law § 6224 [4]; Public Authorities Law § 361-b and § 2622; Mitchell v State of New York, Ct Cl, June 27, 2005, Collins, J., claim No. 110085, UID No. 2005-015-025). The Court is not empowered to hear claims against individually named defendants or agencies of the federal government. Thus, claim number 131947, which named Manadjer Kim Hansel as a defendant, and claim number 131948, which named the "IRS" as a defendant, must both be dismissed.
Unreported decisions from the Court of Claims are available via the internet at http://www.nyscourtofclaims.state.ny.us./decision.htm.
Moreover, both claims fail to meet the pleading requirements of Court of Claims Act § 11 (b), which requires that a claim state "the time when and the place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained and . . . the total sum claimed." While claim number 131947 complains regarding the use of a parking space and a criminal group that uses claimant's apartment for prostitution, it is impossible to discern from these allegations a viable cause of action or any of the factual allegations, save for the total sum claimed, required under Court of Claims Act § 11 (b). Claim number 131948 against the "IRS" similarly fails to state a cause of action or allege any of the particulars required by Court of Claims Act § 11 (b). Instead, the claim contains a jumble of allegations that are largely incomprehensible to the Court. As a result, the claims are jurisdictionally defective requiring dismissal on this basis as well (Lepkowski v State of New York, 1 NY3d 201 [2003]; Sommer v State of New York, 131 AD3d 757, 758 [3d Dept 2015]; Morra v State of New York, 107 AD3d 1115, 1116 [3d Dept 2013]; Dinerman v NYS Lottery, 69 AD3d 1145, 1146 [3d Dept 2010], lv dismissed 15 NY3d 911 [2010]; Nasir v State of New York, 41 AD3d 677 [2d Dept 2007]; Mujica v State of New York, 24 AD3d 898 [3d Dept 2005], lv denied 7 NY3d 701 [2006]).
Accordingly, defendant's motions (motion Nos. M-92908 and M-92909) are granted and claim numbers 131947 and 131948 are dismissed.
January 2, 2019
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims Papers Considered: Claim No.: 131947, M-92908
1. Notice of motion dated September 27, 2018;
2. Affirmation in support, dated September 27, 2018, with Exhibit A. Claim No.: 131948, M-92909 1. Notice of motion, dated September 27, 2018;
1. Affirmation in support, dated September 27, 2018, with Exhibit A.