Legal Opinion

Dinerman v. NYS Lottery

Appellate Division of the Supreme Court of the State of New York

Decided January 20, 2009PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for negligence, the plaintiff appeals from an order of the Supreme Court, Kings County (Saitta, J.), dated January 31, 2008, which granted the defendant’s pre-answer motion to dismiss the complaint pursuant to CPLR 3211 (a) (2).

Ordered that the order is affirmed, without costs or disbursements.

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 (see Morell v Balasubramanian, 70 NY2d 297, 300 [1987]; Schaffer v…

2Cases cited3 opinions

  1. Morell v. BalasubramanianNew York Court of Appeals · 1987
  2. Sinhogar v. ParryNew York Court of Appeals · 1981
  3. Schaffer v. EvansNew York Court of Appeals · 1982

3Cited by8 opinions

  1. Peterson v. New York City Department of Environmental ProtectionAppellate Division of the Supreme Court of the State of New York · 2009
  2. Borawski v. AbulafiaAppellate Division of the Supreme Court of the State of New York · 2014
  3. Matter of Ruotolo v. State of New York Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2022
  4. Dinerman v. NYS LotteryAppellate Division of the Supreme Court of the State of New York · 2010
  5. Wang v. New York State Department of HealthNew York Supreme Court · 2011

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