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COMICAL ENTERTAINMENT CORP. v. CITY UNIV. OF N.Y.

650211/08

2009 NY Slip Op 29456

COMICAL ENTERTAINMENT CORPORATION AND JACKIE MASON, Plaintiffs, v. CITY UNIVERSITY OF NEW YORK, QUEENS COLLEGE KUPFERBERG CENTER FOR THE ARTS, VIVIAN CHARLOP, PHILIP CINTRON, NORMAN WASSERMAN, AND FRIEND ENTERTAINMENT OF NEW YORK, LTD., Defendants.

Supreme Court, New York County.

Decided October 26, 2009.

Attorney(s) appearing for the Case

Raoul L. Felder, Esq., New York, NY, Plaintiff's attorney.

Attorney General — NY State. New York, NY, Defendant's attorney.

DEBRA A. JAMES, J.

Defendants 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 provides in pertinent part that "[e]xclusive jurisdiction is hereby conferred upon the court of claims to hear, audit and determine the claims...

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