August 14, 2026

Suing the State

Pursuant to Court of Claims Act § 11(b), a notice of intention to file a claim and a claim must set forth, among other things, the place where the claim arose. A failure to comply with the requirements set forth in the statute is a jurisdictional defect compelling dismissal of the claim.  Although § 11(b) does not require absolute exactness, it requires a statement made with sufficient definiteness to enable the State to be able to investigate the claim promptly and to ascertain its liability under the circumstances.

Dipolito v. State of New York, NY Slip Op 04837 (2d Dep't August 5, 2026)

Here is the decision.