Bush v. Stevenson Commons Associates, LLP

Appellate Division of the Supreme Court of New York

Bush v. Stevenson Commons Associates, LLP

2017 NY Slip Op 8806, 156 A.D.3d 752, 65 N.Y.S.3d 717

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 20, 2017

Docket2016-13029

StatusPublished

This text of 2017 NY Slip Op 8806 (Bush v. Stevenson Commons Associates, LLP) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bush v. Stevenson Commons Associates, LLP, 2017 NY Slip Op 8806, 156 A.D.3d 752, 65 N.Y.S.3d 717 (N.Y. Ct. App. 2017).

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Opinion

In a claim, inter alia, to recover damages for housing discrimination, the claimant appeals from an order of the Court of Claims (Soto, J.), dated September 12, 2016, which granted the motion of nonparty State of New York to dismiss the claim for lack of subject matter jurisdiction.

Ordered that the order is affirmed, without costs or disbursements.

“The Court of Claims has limited jurisdiction to hear actions against the State itself, or actions naming State agencies or officials as defendants, where the action is, in reality, one against the State—i.e., where the State is the real party in interest” (Morell v Balasubramanian, 70 NY2d 297, 300 [1987]; Borawski v Abulafia, 117 AD3d 662, 663 [2014]; Starker v Trump Vil. Section 4, Inc., 104 AD3d 937, 937-938 [2013]), as well as claims against a few other State-related entities as provided by statute (see Erie Blvd. Hydropower, LP v State of New York, 90 AD3d 1292, 1293 [2011]; Public Authorities Law § 361-b; Education Law § 6224 [4]; see also Plath v New York State Olympic Regional Dev. Auth., 304 AD2d 885, 886-887 [2003]). Here, since the defendant is neither a State actor nor one of the State-related entities that may be sued in the Court of Claims, the Court of Claims properly directed dismissal of the claim for lack of subject matter jurisdiction.

In light of our determination, we need not reach the parties’ remaining contentions.

Rivera, J.P., Roman, LaSalle and Bar-ros, JJ., concur.

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In a claim, inter alia, to recover damages for housing discrimination, the claimant appeals from an order of the Court of Claims (Soto, J.), dated September 12, 2016, which granted the motion of nonparty State of New York to dismiss the claim for lack of subject matter jurisdiction.

Ordered that the order is affirmed, without costs or disbursements.

“The Court of Claims has limited jurisdiction to hear actions against the State itself, or actions naming State agencies or officials as defendants, where the action is, in reality, one against the State—i.e., where the State is the real party in interest” (Morell v Balasubramanian, 70 NY2d 297, 300 [1987]; Borawski v Abulafia, 117 AD3d 662, 663 [2014]; Starker v Trump Vil. Section 4, Inc., 104 AD3d 937, 937-938 [2013]), as well as claims against a few other State-related entities as provided by statute (see Erie Blvd. Hydropower, LP v State of New York, 90 AD3d 1292, 1293 [2011]; Public Authorities Law § 361-b; Education Law § 6224 [4]; see also Plath v New York State Olympic Regional Dev. Auth., 304 AD2d 885, 886-887 [2003]). Here, since the defendant is neither a State actor nor one of the State-related entities that may be sued in the Court of Claims, the Court of Claims properly directed dismissal of the claim for lack of subject matter jurisdiction.

In light of our determination, we need not reach the parties’ remaining contentions.

Rivera, J.P., Roman, LaSalle and Bar-ros, JJ., concur.

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Bluebook (online)

2017 NY Slip Op 8806, 156 A.D.3d 752, 65 N.Y.S.3d 717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bush-v-stevenson-commons-associates-llp-nyappdiv-2017.

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