Practice point: Pursuant to the Court of Claims Act § 10(3), a claim to recover damages for personal injuries caused by a state employee's negligence must be filed within 90 days after the claim accrues, unless the claimant within such time serves a written notice of intention to file a claim, in which event the claim shall be filed within two years after accrual. The statute requires a claim to specify, among other things, the time when the claim arose and the place where it arose. A notice of intention to file a claim must also include a statement as to when and where the claim arose.
Student note: The statutory requirements are set forth in sections §§ 10(3) and 11(b), and must be strictly construed. Noncompliance is a jurisdictional defect compelling dismissal.
Case: Hargrove v. State of New York, NY Slip Op 02774 (2d Dep't 2016)
Here is the decision.
Monday's issue: The granting of attorneys' fees pursuant to Lien Law.
