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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.

 

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