Because suits against New York State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning the suit must be strictly construed. Pursuant to Court of Claims Act § 11(b), a plaintiff must plead (1) the nature of the claim; (2) the time when the claim arose; (3) the place where it arose; and (4) the damage or injuries alleged to have been sustained. The failure to satisfy any of these conditions is a jurisdictional defect which may not be cured by amendment.
Correa v. State of New York, NY Slip Op 05074 (2d Dep't August 31, 2022)
