Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)

89 N.E.3d 1227, 67 N.Y.S.3d 547, 30 N.Y.3d 377
CourtCourt for the Trial of Impeachments and Correction of Errors
DecidedNovember 21, 2017
StatusPublished
Cited by54 cases

This text of 89 N.E.3d 1227 (Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.), 89 N.E.3d 1227, 67 N.Y.S.3d 547, 30 N.Y.3d 377 (N.Y. Super. Ct. 2017).

Opinions

FEINMAN, J.

*1229***381This matter comes to us from an order of the United States Court of Appeals for the Second Circuit certifying the following questions pursuant to rule 500.27 of this Court (Rules of Ct. of Appeals [ 22 NYCRR] § 500.27 ):

"(1) Before New York State's capacity-to-sue doctrine may be applied to determine whether a State-created public benefit corporation has the capacity to challenge a State statute, must it first be determined whether the public benefit corporation 'should be treated like the State,' [ ( Clark-Fitzpatrick, Inc. v. Long Is. R.R. Co., 70 N.Y.2d 382, 387, 521 N.Y.S.2d 653, 516 N.E.2d 190 [1987] ) ], based on a 'particularized inquiry into the nature of the instrumentality and the statute claimed to be applicable to it,' [ ( John Grace & Co. v. State Univ. Constr. Fund, 44 N.Y.2d 84, 88, 404 N.Y.S.2d 316, 375 N.E.2d 377 [1978] ) ], and if so, what considerations are relevant to that inquiry?; and
"(2) Does the 'serious injustice' standard articulated in [ Gallewski v. Hentz & Co., 301 N.Y. 164, 174, 93 N.E.2d 620 (1950) ], or the less stringent 'reasonableness' standard articulated in [ Robinson v. Robins Dry Dock & Repair Co., 238 N.Y. 271, 144 N.E. 579 (1924) ], govern the merits of a due process challenge under the New York State Constitution to a claim-revival statute?" ( In re World Trade Ctr. Lower Manhattan Disaster *1230Site Litig., 846 F.3d 58, 70 [2d Cir.2017].)

We accepted the certified questions on February 9, 2017 (see 28 N.Y.3d 1159, 49 N.Y.S.3d 89, 71 N.E.3d 581 [2017] ).

***382I.

Plaintiffs in the consolidated appeal before the Second Circuit are workers who participated in cleanup operations in New York City following the September 11, 2001 terrorist attacks. The defendant is Battery Park City Authority (BPCA). BPCA was established by the State Legislature as a public benefit corporation to redevelop blighted areas in lower Manhattan and to expand the supply of safe and sanitary housing for low-income families (see Public Authorities Law §§ 1971, 1973[1] ). Plaintiffs initially brought claims between 2006 and 2009 alleging that they developed a host of illnesses as a result of their exposure to harmful toxins at BPCA-owned properties in the course of their cleanup duties.1 However, in July 2009, the District Court dismissed plaintiffs' claims, together with hundreds of other similar claims against BPCA, on the grounds that the plaintiffs did not serve BPCA with timely notices of claim (see General Municipal Law § 50-e ; Public Authorities Law § 1984 ).

The legislature responded to these dismissals by enacting Jimmy Nolan's Law, which became effective September 16, 2009 (see L. 2009, ch. 440). The law amended the General Municipal Law to provide, in relevant part:

"Notwithstanding any other provision of law to the contrary, including ... section fifty-e of this article ... any cause of action against a public corporation for personal injuries suffered by a participant **550in World Trade Center rescue, recovery or cleanup operations as a result of such participation which is barred as of the effective date of this subdivision because the applicable period of limitation has expired is hereby revived, and a claim thereon may be filed and served and prosecuted provided such claim is filed and served within one year of the effective date of this subdivision" ( General Municipal Law § 50-i[4][a], as added by L. 2009, ch. 440, § 2).

The effect of the law was to revive the plaintiffs' time-barred causes of action for one year after its enactment.

***383Many of the 9/11 cleanup workers whose claims had previously been dismissed, including plaintiffs, served new notices of claim on BPCA within the one-year revival period prescribed by Jimmy Nolan's Law. BPCA moved for summary judgment on the grounds that Jimmy Nolan's Law was unconstitutional under the Due Process Clause of the State Constitution (see N.Y. Const., art. I, § 6 ). Upon due notice, the Attorney General intervened to defend the constitutionality of the law.

The District Court granted summary judgment in favor of BPCA and held that Jimmy Nolan's Law was unconstitutional as applied (see In re World Trade Ctr. Lower Manhattan Disaster Site Litig., 66 F.Supp.3d 466 [S.D.N.Y.2014] ). As a threshold matter, the court recognized our "traditional rule that 'municipalities and other local governmental corporate entities and their officers lack capacity to mount constitutional challenges to acts of the State and State legislation' " ( id. at 471, quoting *1231City of New York v. State of New York, 86 N.Y.2d 286, 289, 631 N.Y.S.2d 553,

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89 N.E.3d 1227, 67 N.Y.S.3d 547, 30 N.Y.3d 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faltynowicz-v-battery-park-city-auth-in-re-world-trade-ctr-lower-nycterr-2017.