June 3, 2023

Claims against the State.

Pursuant to Court of Claims Act § 11(b), a claim against New York State 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. Noncompliance with the statutory requirements is a jurisdictional defect that requires dismissal of the claim. A sufficiently detailed description of the claim's particulars is necessary in order to enable the State to investigate and promptly ascertain the existence and extent of its liability. Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed. However, absolute exactness is not required, so long as the claim's particulars are detailed in a manner sufficient to permit investigation. 

Wimbush-Burkett v. State of New York, NY Slip Op 02804 (2d Dep't May 24, 2023)

Here is the decision.