### 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 commencedthis 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 ofBronx 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 ofNew York ("CUNY") and State ofNew York were named as defendants. The claim notes that a notice ofintention was served on July 21, 2015, within 90 days ofaccrual.
Defendants now move to dismiss the claim, supported by the affirmation ofan assistant attorney general. Their motion is premised on two grounds. First, they argue that the Court ofClaims lacksjurisdiction over the community college where the accident took place. Second, they argue thatto the extent the action may proceed against the CUNY, it is untimely, because the notice ofintention was only served on the State. Claimants have not made any submission in opposition.
The Court ofClaims hasjurisdiction only over claims against the State ofNew York and a limited number of other entities specifically enumerated by statute 

### (see Court ofClaims Act§ 9; NY Const, art VI, § 9). As to CUNY, Education Law § 6224(4) provides thatthe Court ofClaims has exclusivejurisdictionto heartort 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 ofGeneral Municipal Law §§ 50-e and

### 50-I apply, and that the "provisions ofsubdivision four

... ofthis section shall not apply to such actions and proceedings." The referenced provisions ofthe General Municipal Law concern lawsuits brought against municipalities in courts ofgeneraljurisdiction, notthe Court ofClaims. Thus, community colleges must be sued in Supreme Court, and this Court lacksjurisdiction over claims against them 

### (seeAmato v State of New York, 131 Misc 2d 1049, 1049 [Ct Cl 1986] [Court ofClaims "only hasjurisdictionto hear causes ofaction sounding in tort allegedly committed by senior colleges" ofCUNY, not community colleges]). BCC is a community college 

### (seeMatter of Apollon v Giuliani, 168 Misc 2d 363,364 [Sup Ct, New York County 1995] [BCC is one ofsix CUNY community colleges]). It 

### is, therefore, subjectto suit only in a court ofgeneral jurisdiction pursuantto the notice ofclaim procedures ofthe General Municipal Law, and not in this Court.
In light ofthe 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 ofthe Court ofClaims Papers Considered:
1. 

### Defendant's Notice ofMotion, Affirmation in Support with Exhibit A annexed thereto. <& /claims/inclusions/footer.htm &<