Poalilio v. Bethpage Park Authority

The defendant moves for an order pursuant to CPLR 3211 (subd. [a], par. 2) dismissing the complaint herein on the ground that the court has not jurisdiction of the subject matter of the cause of action because of the enactment of section 212-a of the Public Authorities Law, effective September 1, 1964, which confers exclusive jurisdiction over claims against the Bethpage Park Authority in the Court of Claims. The action was initiated in this court as the result of an accident which occurred June 1, 1960,-long prior to the adoption of section 212-a. The effect of granting this motion would…