February 22, 2023

Claims against New York State.

Suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, and, therefore, statutory requirements must be strictly construed. Pursuant to Court of Claims Act § 11(b), the claim must specify (1) the nature of [the claim]; (2) the time when it arose; (3) the place where it arose; (4) the items of damage or injuries claimed to have been sustained; and (5) the total sum claimed. The pleading requirement is that the information be sufficiently definite to enable the State to investigate the claim promptly and to ascertain its liability, if any. Absolute exactness is not required, but the Court of Claims Act does not require the State to ferret out or assemble information that  § 11(b) obligates the claimant to allege.

Fenton v. State of New York, NY Slip Op 00650 (2d Dep't February 8, 2023)

Here is the decision.