Practice point: Generally, 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. However, where the suit against the State agent or
officer is in tort for damages arising from the breach of a duty owed
individually by such agent or officer directly to the injured party, the
State is not the real party in interest, even though it could be held
secondarily liable for the tortious acts under respondeat superior.
Student note: The Court of Claims has limited jurisdiction to hear actions against the
State itself, or actions naming State agencies or officials as
defendants, where the action is, in reality, one against the State, that is, where the State is the real party in interest.
Case: Borawski v Abulafia, NY Slip Op 03221 (2d Dept. 2014)
Here is the decision.
Monday's issue: A misleveled elevator accident.
