Butt v City Univ. of N.Y.

2016 NY Slip Op 33217(U)

December 9, 2016

Court of Claims

Docket Number: Claim No. 127620

Judge: David A. Weinstein

Cases posted with a "30000" identifier, i.e., 2013 NY Slip

Op 30001(U), are republished from various New York

State and local government sources, including the New

York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official

publication.
<& /claims/inclusions/header.htm &> 

BUTT v. CITY UNIVERSITY OF NEW YORK and THE STATE OF NEW YORK, # 2016-049-048, Claim No. 

127620, Motion No. M-88339 

Synopsis 

Case information 

UID: 

Claimant(s): 

Claimant short name: 

Footnote ( claimant name) : 

Defendant(s): 

Footnote ( defendant name) : 

Third-party claimant(s): 

Third-party defendant(s): 

Claim number(s): 

Motion number(s): 

Cross-motion number(s): 

Judge: 

Claimant's attorney: 

Defendant's attorney: 

Third-party defendant's attorney: 

2016-049-048 

REX BUTT and KAREN BUTT 

BUTT 

CITY UNIVERSITY OF NEW YORK and THE STATE OF NEW YORK 

127620 

M-88339 

DAVID A. WEINSTEIN 

Soho & Soho, LLP 

By: No Appearance 

Eric T. Schneiderman, New York State Attorney General 

By: Lawrence E. Kozar, Assistant Attorney General 

Signature date: December 9, 2016 

City: Albany 

Comments: 

Official citation: 

Appellate results: 

See also (multicaptioned case) 

Decision 

Claimants Rex and Karen Butt commenced this action by filing a claim on March 8, 2016. The claim alleges that 

Rex Butt was injured on April 22, 2015 when he was riding a bicycle on the campus of Bronx Community 

College ("BCC"), and fell when he hit a speed bump that had been "recently constructed and not properly marked 

or signed" (Claim at 1). The City University of New York ("CUNY") and State of New York were named as 

defendants. The claim notes that a notice of intention was served on July 21, 2015, within 90 days of accrual. 

Defendants now move to dismiss the claim, supported by the affirmation of an assistant attorney general. Their 

motion is premised on two grounds. First, they argue that the Court of Claims lacks jurisdiction over the 

community college where the accident took place. Second, they argue that to the extent the action may proceed 

against the CUNY, it is untimely, because the notice of intention was only served on the State. 

Claimants have not made any submission in opposition. 

The Court of Claims has jurisdiction only over claims against the State of New York and a limited number of 

other entities specifically enumerated by statute (see Court of Claims Act§ 9; NY Const, art VI, § 9). As to 

CUNY, Education Law § 6224( 4) provides that the Court of Claims has exclusive jurisdiction to hear tort claims 

( and certain other claims not relevant here) against CUNY's "senior colleges," while in regard to actions against 

CUNY community colleges, section 6224(1) provides that the provisions of General Municipal Law §§ 50-e and 
50-I apply, and that the "provisions of subdivision four ... of this section shall not apply to such actions and 

proceedings." The referenced provisions of the General Municipal Law concern lawsuits brought against 

municipalities in courts of general jurisdiction, not the Court of Claims. Thus, community colleges must be sued 

in Supreme Court, and this Court lacks jurisdiction over claims against them (see Amato v State of New York, 131 

Misc 2d 1049, 1049 [Ct Cl 1986] [Court of Claims "only has jurisdiction to hear causes of action sounding in tort 

allegedly committed by senior colleges" of CUNY, not community colleges]). 

BCC is a community college (see Matter of Apollon v Giuliani, 168 Misc 2d 363,364 [Sup Ct, New York County 

1995] [BCC is one of six CUNY community colleges]). It is, therefore, subject to suit only in a court of general 

jurisdiction pursuant to the notice of claim procedures of the General Municipal Law, and not in this Court. 

In light of the foregoing, defendants' motion is granted, and Claim No. 127620 is dismissed. I need not address 

defendants' arguments as to timeliness. 

December 9, 2016 

Albany, New York 

DAVID A. WEINSTEIN 

Judge of the Court of Claims 

Papers Considered: 

1. Defendant's Notice of Motion, Affirmation in Support with Exhibit A annexed thereto. 

<& /claims/inclusions/footer.htm &<