State v. Jones

Appellate Division of the Supreme Court of New York

State v. Jones

210 A.D.2d 469, 620 N.Y.S.2d 1012, 1994 N.Y. App. Div. LEXIS 13199

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

DecidedDecember 27, 1994

StatusPublished

This text of 210 A.D.2d 469 (State v. Jones) 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

State v. Jones, 210 A.D.2d 469, 620 N.Y.S.2d 1012, 1994 N.Y. App. Div. LEXIS 13199 (N.Y. Ct. App. 1994).

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Opinion

—In an action to recover damages, inter alia, for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Yoswein, J.), dated November 13, 1992, which granted the plaintiff’s motion to dismiss his counterclaims.

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

Contrary to the defendant’s contentions, ”[t]he Court of Claims has exclusive jurisdiction of issues as to the State’s liability for tort and contract claims whether the claims are asserted in an original action or by way of counterclaim” (People v Abbott Manor Nursing Home, 70 AD2d 434, 439, affd [470]*47052 NY2d 766; see also, Siegel, NY Prac § 17, at 19-20, [2d ed]). Accordingly, it was proper for the Supreme Court to dismiss the defendant’s counterclaims against the State of New York pursuant to CPLR 3211 (a) (2); (a) (6). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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—In an action to recover damages, inter alia, for breach of contract, the defendant appeals from an order of the Supreme Court, Kings County (Yoswein, J.), dated November 13, 1992, which granted the plaintiff’s motion to dismiss his counterclaims.

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

Contrary to the defendant’s contentions, ”[t]he Court of Claims has exclusive jurisdiction of issues as to the State’s liability for tort and contract claims whether the claims are asserted in an original action or by way of counterclaim” (People v Abbott Manor Nursing Home, 70 AD2d 434, 439, affd [470]*47052 NY2d 766; see also, Siegel, NY Prac § 17, at 19-20, [2d ed]). Accordingly, it was proper for the Supreme Court to dismiss the defendant’s counterclaims against the State of New York pursuant to CPLR 3211 (a) (2); (a) (6). Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

210 A.D.2d 469, 620 N.Y.S.2d 1012, 1994 N.Y. App. Div. LEXIS 13199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-nyappdiv-1994.

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