ALVARAN v. NEW JERSEY TRANSIT CORPORATION (2025)

Supreme Court, Appellate Division, First Department, New York.

Miguel ALVARAN, Plaintiff–Respondent, v. NEW JERSEY TRANSIT CORPORATION, et al., Defendants–Appellants.

3581

Decided: January 28, 2025

Webber, J.P., Friedman, Scarpulla, Rosado, O'Neill Levy, JJ.

DeCotiis, FitzPatrick, Cole & Giblin, LLP, New City (John A. Stone of counsel), for appellants. Roth & Khalife, LLP, New York (Ronald H. Roth of counsel), for respondent.

Order, Supreme Court, New York County (James G. Clynes, J.), entered July 11, 2022, which denied defendants' motion to dismiss the complaint against them for lack of jurisdiction, unanimously affirmed, without costs.

Defendants' motion to dismiss is premised on their being an arm of the State of New Jersey, which may invoke the doctrine of sovereign immunity. However, the Court of Appeals has recently determined that defendants are not an arm of New Jersey and are not entitled to invoke sovereign immunity (see Colt v. New Jersey Tr. Corp., ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2024 N.Y. Slip Op. 05867, *7 [2024]). Accordingly, we find that the court properly denied defendants' motion, and find it unnecessary to reach the additional issues raised by the parties.

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