Maric Mechanical, Inc. v. State

OPINION OF THE COURT

Louis C. Benza, J.

The defendant moves for an order dismissing the claim as against the Facilities Development Corporation (FDC) on the grounds that the Court of Claims lacks jurisdiction.

In support of his motion, the defendant refers the court to section 4412 (1) of McKinney’s Unconsolidated Laws of NY (Facilities Development Corporation Act § 12 [1]; L 1968, ch 359, § 1, as amended) which confers exclusive jurisdiction upon the New York State Supreme Court of any action, suit, or special proceeding brought by or against FDC.

In his affidavit in opposition, claimant’s…