Practice point: Court of Claims Act § 11(a)(i) provides that a copy of the claim
shall be served personally or by certified mail, return receipt
requested, upon the attorney general. The requirements are jurisdictional and must be strictly construed. Here, the claim was improperly served upon the
defendant by regular mail and so the court lacked jurisdiction over
the defendant.
Student note: In addition, the Court of Claims
properly declined to correct or disregard the defect in service pursuant
to CPLR 2001. Even though the attorney general received the claim,
service by regular mail was more than a mere technical
infirmity as this method of service introduced a greater possibility
of failed delivery.
Case: Brown v. State of New York, NY Slip Op 00627 (2d Dept. 2014).
Here is the decision.
Tuesday's issue: Noncompliance with a court-ordered deadline.
