Giampino v A Royal Flush of New York II, Inc.
Attorneys and Parties
Brief Summary
Premises liability and third-party indemnification/contribution against a New York State agency arising from a trip-and-fall at a state park.
The Supreme Court, Suffolk County denied the motion by the New York State Office of Parks, Recreation and Historic Preservation (NYS Parks) to dismiss the third-party complaint under Civil Practice Law and Rules (CPLR) 3211(a) [rule permitting pre-answer dismissal for, among other things, lack of subject matter jurisdiction (subd. (a)(2)) and failure to state a cause of action (subd. (a)(7))].
The Appellate Division reversed and granted the CPLR 3211(a) motion, dismissing the third-party complaint against NYS Parks.
Claims for indemnification or contribution against the State must be brought in the Court of Claims, and Royal Flush’s pleading alleged only acts by State employees in their official capacities, not a breach of any individual duty by a State agent; thus Supreme Court lacked subject matter jurisdiction and the complaint failed to state a cognizable claim against an individual officer.
Background
Plaintiff Sharon Giampino allegedly tripped and fell over the entrance to a portable restroom at Jones Beach. She sued A Royal Flush of New York II, Inc. (Royal Flush), the portable restroom provider. Royal Flush commenced a third-party action against the New York State Office of Parks, Recreation and Historic Preservation (NYS Parks) seeking indemnification and contribution. NYS Parks moved to dismiss under CPLR 3211(a)(2) and (7), arguing the Court of Claims has exclusive jurisdiction over money-damages claims against the State and that the third-party complaint failed to state a claim in Supreme Court. The Supreme Court denied the motion, and NYS Parks appealed.
Lower Court Decision
The Supreme Court, Suffolk County denied NYS Parks’ CPLR 3211(a) motion, concluding that the indemnification and contribution claims did not fall within the exclusive jurisdiction of the Court of Claims.
Appellate Division Reversal
The Appellate Division reversed, holding that the Court of Claims has exclusive jurisdiction over actions for money damages against State agencies and that claims for indemnification or contribution from the State must be brought there (Bay Ridge Air Rights v State of New York). The third-party complaint did not allege a tort based on a breach of an individual duty by a State agent (Morell v Balasubramanian), but instead arose from acts by State employees in the course of their official duties (see Parks, Recreation and Historic Preservation Law § 3.09[4], [5] [powers and duties of the Office, including operation and maintenance of parks and facilities]). The court therefore granted dismissal under CPLR 3211(a)(2) and (7), with costs.
Legal Significance
Reaffirms that indemnification and contribution claims seeking money damages from New York State agencies belong in the Court of Claims, even when asserted as third-party claims in a Supreme Court tort action, unless the pleading alleges a breach of an individual duty by a State officer.
Third-party indemnification or contribution claims against a New York State agency must be filed in the Court of Claims; absent specific allegations of an individual State officer’s duty to the plaintiff, Supreme Court lacks subject matter jurisdiction and dismissal under CPLR 3211(a)(2) and (7) is required.