The Court of Claims has jurisdiction over the State of New York as well as certain authorities that are sued under their own name. The court does not have jurisdiction over any individuals, including State employees, although claims may be maintained against the State based on allegedly wrongful conduct of employees for which the State is responsible under the legal principle of respondeat superior. Generally, State agencies do not have a legal existence separate from that of the State, and thus where a claim is based on alleged improper conduct of, for example, the Department of Transportation or the Department of Correctional Services, the named defendant should be "The State of New York."
Certain public authorities, which are considered to have a distinct legal existence, are sued in the Court of Claims under their own names. These include the New York State Thruway Authority, the City University of New York, the Roswell Park Cancer Institute Corporation, the Olympic Regional Development Authority and the Power Authority of the State of New York (for appropriations claims only). Other public authorities, such as the Dormitory Authority, are sued in Supreme Court pursuant to the procedure set forth in the General Municipal Law. One must always check the legislation that establishes a particular authority, often found in Public Authorities Law, when trying to determine whether the Court of Claims or the Supreme Court is the appropriate forum. Note that the Court of Claims Act governs procedure in the Court of Claims while the General Municipal Law sets forth the steps that must be followed to sue a governmental entity in Supreme Court. With the exception of actions against Roswell Park Cancer Institute Corporation sounding in tort or wrongful death, the General Municipal Law has no application in the Court of Claims.
The Court of Claims has no jurisdiction over lawsuits involving county, town, city or village governments, agencies or employees. These governmental entities are all distinct from the State, and litigation against them is governed by the provisions of the General Municipal Law. For example, the Court of Claims typically has no jurisdiction over causes of action accruing at city or county correctional facilities, such as Rikers Island or any county jail, no jurisdiction over claims of negligent road maintenance involving county or town owned roads, and no jurisdiction over "premises liability" suits accruing in county or locally owned governmental buildings.
One common factor between suits against the State in the Court of Claims and suits against a local government in the Supreme Court is that action must be taken in both cases within a short period of time (typically 90 days, for tort claims). Thus, prompt and careful investigation to determine the appropriate defendant is essential.