You are here: / / THERE IS AN EXCEPTION TO THE PERSONAL-SERVICE-OF-A-CLAIM REQUIREMENT IN...
, , ,

THERE IS AN EXCEPTION TO THE PERSONAL-SERVICE-OF-A-CLAIM REQUIREMENT IN THE COURT OF CLAIMS ACT FOR ACTIONS SEEKING DAMAGES FOR THE STATE’S APPROPRIATION OF PROPERTY; HERE SERVICE BY REGULAR FIRST-CLASS MAIL WAS NOT A JURIDICTIONAL DEFECT (SECOND DEPT).

The Second Department, reversing the Court of Claims in the property-appropriation-by-the-state action, determined an exception to the usual service requirements applies. Failure to serve the State with a copy of the claim by personal service or by certified mail is not a jurisdictional defect. Therefore the State’s motion for summary judgment should not have been granted:

The claimants served the claim upon the Office of the Attorney General by regular first-class mail. * * *

… [W]here the claim sought only to recover damages for the State’s appropriation of the claimants’ property, service upon the Attorney General by personal service or certified mail was not required … .

Court of Claims Act § 10 reflects a similar unique exception for appropriation claims. While most types of claims must be both “filed and served upon the attorney general” to be properly commenced within the time prescribed by the statute … , a “claim for the appropriation by the state of lands” does not require service upon the Attorney General within the statutory time limit … . Port Grove Assoc. v State of New York, 2026 NY Slip Op 03990, Second Dept 6-24-26

Practice Point: Consult this decision for a detailed discussion of the service requirements for a Court of Claims action seeking damages for the State’s appropriation of claimant’s property. Failure to effect personal service on the Attorney General is not a jurisdictional defect.

 

You might also like
A PARTY NEED NOT MAKE A MOTION TO SET ASIDE THE VERDICT TO BE ENTITLED TO A WEIGHT OF THE EVIDENCE REVIEW BY AN APPELLATE COURT; THE VERDICT FINDING DEFENDANT BUS DRIVER NEGLIGENT, BUT FINDING THE NEGLIGENCE WAS NOT THE PROXIMATE CAUSE OF PLAINTIFF’S SLIP AND FALL, WAS AGAINST THE WEIGHT OF THE EVIDENCE (SECOND DEPT).
SUPREME COURT PROPERLY ALLOWED THE AMENDMENT OF THE BILL OF PARTICULARS AFTER THE NOTE OF ISSUE HAD BEEN FILED; THE AMENDMENT ALLEGED ADDITIONAL VIOLATIONS OF THE INDUSTRIAL CODE IN THIS LABOR LAW 241(6) ACTION (SECOND DEPT).
Failure to Eliminate Comparative Negligence Precluded Summary Judgment to Plaintiff In Car-Accident Action
FEE-SHARING AGREEMENT VIOLATED JUDICIARY LAW 491 AND COULD NOT BE ENFORCED BY A COURT (SECOND DEPT).
Criteria for a Civil Contempt Finding
IT IS PROPER TO MAKE PARTICIPATION IN COUNSELING A COMPONENT OF A PARENTAL ACCESS ORDER, BUT IT IS IMPROPER TO CONDITION A FUTURE APPLICATION FOR PARENTAL ACCESS ON PARTICIPATION IN COUNSELING (SECOND DEPT).
WHERE AN UNSECURED LADDER MOVES AND PLAINTIFF FALLS, PLAINTIFF CANNOT BE THE SOLE PROXIMATE CAUSE OF THE ACCIDENT; THEREFORE PLAINTIFF IS ENTITLED TO SUMMARY JUDGMENT ON THE LABOR LAW 240(1) CAUSE OF ACTION (SECOND DEPT).
PLAINTIFF ATTORNEY’S QUANTUM MERUIT ACTION FOR ATTORNEY’S FEES SHOULD NOT HAVE BEEN DISMISSED ON THE GROUND THAT IT WAS PRECLUDED BY A WRITTEN CONTRACT (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT WAS OBSERVED WALKING UP AND DOWN DRIVEWAYS IN A RESIDENTIAL NEIGHBORHOOD;... THE PETITIONER DID NOT DEMONSTRATE IT MADE DILIGENT EFFORTS TO STRENGTHEN THE...