Notice of Claim (Pursuant to Court of Claims Act) Not Specific Enough

The Third Department upheld the Court of Claims’ dismissal of a claim because the notice of claim was not specific enough.  In describing the statutory criteria, the Third Department wrote:

Pursuant to Court of Claims Act § 11 (b), a claim must set forth the nature of the claim, the time when and place where it arose, the damages or injuries and  the total sum  claimed. “Because suits against [defendant] are allowed only by [defendant’s] waiver of sovereign immunity and  in derogation of the common law, statutory requirements conditioning suit must be strictly construed”….   Although “absolute exactness” is not required…, the claim must “‘provide a  sufficiently detailed  description  of  the  particulars of the claim to enable [defendant] to investigate and promptly ascertain the existence and  extent of its liability'” … .  Morra v State of New York, 515751, 3rd Dept, 6-6-13

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