Braun v. State of New York
| Decision Date | 17 December 1952 |
| Citation | 203 Misc. 563 |
| Court | New York Court of Claims |
| Parties | Lewis Braun, Claimant,<BR>v.<BR>State of New York et al., Defendants. (Claim No. 31318.) |
Monroe Steinhacker and Erwin Greenberg for claimant.
Nathaniel L. Goldstein, Attorney-General (Donald C. Glenn of counsel), for State of New York, defendant.
This claim is one to recover damages for personal injuries arising out of the alleged negligence in the maintenance of walks in and about the buildings and dormitories comprising the State University of New York Teachers College at Oswego, N. Y. The State moves to dismiss the claims as against the Dormitory Commission of the State University of New York, Teachers College at Oswego, State University of New York, Teachers College at Oswego, and Dr. Thomas Miller, as Acting President of State University of New York, Teachers College at Oswego, N. Y., on the ground that the court does not have jurisdiction of those parties or of the subject matter of the claim as against them.
Though all actions to recover sums of money against the State, its agencies and departments must be prosecuted in the Court of Claims (Samuel Adler, Inc., v. Noyes, 285 N.Y. 34; Breen v. Mortgage Comm., 285 N.Y. 425), the sole litigant in the role of a defendant in this court is the State of New York. Jurisdiction of the court is so limited by statute (Court of Claims Act, §§ 8, 9). Accordingly, additional party defendants cannot be joined with the State (i.e., County of Westchester; in Town of Cortlandt v. State of New York, 51 N. Y. S 2d 802), though the trial of the same issues against each, prosecuted in different tribunals, might produce anomalous results.
Moreover, the Dormitory Authority of the State of New York (sued herein as the Dormitory Commission of the State University of New York) is a separate body politic, for whose tortious acts the State is not responsible. Authorized by section 5 of article X of the State Constitution, it was created by chapter 524 of the Laws of 1944 (Public Authorities Law, §§ 1430-1433) as "a public benefit corporation". The board consists of the State Commissioner of Education, the State Comptroller and five members appointed by the Regents for a term of three years (§ 1432). Generally, the function of the corporation is to erect and maintain dormitories for the use of students at certain State colleges where a shortage of such accommodations exists (§§ 1431-1433-a, inclusive).
Further reference to the provisions of the Public Authorities Law evidences a distinct connotation of separateness and juridical distinction of the Authority from the State. Among the enumeration of general powers granted to it by section 1433, is the right to sue and be sued; to have a seal; to make its own by-laws; to acquire, hold and...
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