Friday, May 16, 2014

Jurisdiction of the Court of Claims.

Practice point:  Generally, 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.  However, where the suit against the State agent or officer is in tort for damages arising from the breach of a duty owed individually by such agent or officer directly to the injured party, the State is not the real party in interest, even though it could be held secondarily liable for the tortious acts under respondeat superior.

Student note:  The Court of Claims has limited jurisdiction to hear actions against the State itself, or actions naming State agencies or officials as defendants, where the action is, in reality, one against the State, that is, where the State is the real party in interest.

Case:  Borawski v Abulafia, NY Slip Op 03221 (2d Dept. 2014)

Here is the decision.

Monday's issue: A misleveled elevator accident.