Practice point: An otherwise timely claim will be dismissed if it is verified only by plaintiff’s attorney and thus is noncompliant with the verification requirement of § 8-b(4).
Practitioners should note that CPLR 205(a), which allows re-commencement of an action which was terminated not on the merits within six months of dismissal, does not apply to claims under § 8-b, the requirements of which must be strictly construed and the terms of which make no reference to the CPLR.
Case: Taylor v. State of New York, NY Slip Op 07976 (1st Dept. 2008)
The opinion is here.
You can find the statutory language here.
