Friday, April 22, 2016

Alleging injuries caused by the negligence of a state employee.

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.