Legal Opinion

Comical Entertainment Corp. v. City University

New York Supreme Court

Decided October 26, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Debra A. James, J.

*532Defendants City University of New York, Queens College Kupferberg Center for the Arts, and Vivian Charlop move to dismiss this action based upon lack of subject matter jurisdiction. Plaintiffs cross-move to transfer this action to the Court of Claims pursuant to CPLR 325 (a).

Education Law § 6224 (4) provides in pertinent part that

“[exclusive jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claims of any person against the city university of New York . . . for the breach of a contract relating to construction,…

2Cases cited7 opinions

  1. State v. JacobsAppellate Division of the Supreme Court of the State of New York · 1990
  2. State v. DeweyAppellate Division of the Supreme Court of the State of New York · 1999
  3. Brooks v. Board of Higher EducationNew York Supreme Court · 1982
  4. Nish v. Town of PoestenkillAppellate Division of the Supreme Court of the State of New York · 1992
  5. Gelin v. Lehman CollegeAppellate Division of the Supreme Court of the State of New York · 1998

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