Glendora v. Cohen

Appellate Division of the Supreme Court of New York

Glendora v. Cohen

215 A.D.2d 529, 627 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 5152

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

DecidedMay 15, 1995

StatusPublished

Cited by2 cases

This text of 215 A.D.2d 529 (Glendora v. Cohen) 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

Glendora v. Cohen, 215 A.D.2d 529, 627 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 5152 (N.Y. Ct. App. 1995).

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Opinion

In an action to recover damages, inter alia, for the negligent infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered October 29, 1993, which granted the defendants’ motion to dismiss the complaint and denied her cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, and employees acting in their official capacity in the exercise of governmental functions (see, Morell v Balasubramanian, 70 NY2d 297, 300; Schaffer v Evans, 57 NY2d 992, 994; Sinhogar v Parry, 53 NY2d 424, 431). Consequently, the Supreme Court [530]*530properly dismissed the complaint for lack of subject matter jurisdiction as the claims in this case arise from acts performed and determinations made by State employees in the course of their official duties.

The appellant’s remaining contentions are without merit. Balletta, J. P., Copertino, Altman and Goldstein, JJ., concur.

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In an action to recover damages, inter alia, for the negligent infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Westchester County (Coppola, J.), entered October 29, 1993, which granted the defendants’ motion to dismiss the complaint and denied her cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The Court of Claims has exclusive jurisdiction over actions for money damages against State agencies, departments, and employees acting in their official capacity in the exercise of governmental functions (see, Morell v Balasubramanian, 70 NY2d 297, 300; Schaffer v Evans, 57 NY2d 992, 994; Sinhogar v Parry, 53 NY2d 424, 431). Consequently, the Supreme Court [530]*530properly dismissed the complaint for lack of subject matter jurisdiction as the claims in this case arise from acts performed and determinations made by State employees in the course of their official duties.

The appellant’s remaining contentions are without merit. Balletta, J. P., Copertino, Altman and Goldstein, JJ., concur.

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Bluebook (online)

215 A.D.2d 529, 627 N.Y.S.2d 947, 1995 N.Y. App. Div. LEXIS 5152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glendora-v-cohen-nyappdiv-1995.

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