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THE NOTICE OF INTENTION TO FILE A CLAIM DID NOT SUFFICIENTLY IDENTIFY THE LOCATION OF THE SLIP AND FALL, RENDERING THE FILING OF THE CLAIM UNTIMELY (SECOND DEPT).

The Second Department determined the Court of Claims properly dismissed the claim in this slip and fall case. The notice of intention to file a claim did not sufficiently identify the location of the slip and fall:

A claim to recover damages for personal injuries shall be filed and served upon the Attorney General within 90 days after the claim accrued, unless within 90 days, the claimant serves upon the Attorney General a written notice of intention to file a claim, in which event the claim shall be filed and served upon the Attorney General within two years after the accrual of such claim (see Court of Claims Act § 10[3] … ). The Court of Claims Act requires a claim to specify, among other things, “the time when and place where” the claim arose (Court of Claims Act § 11[b] … ). A notice of intention to file a claim must also include a statement as to when and where the claim arose … . …

… [T]he notice of intention to file a claim failed to describe the location of the alleged accident with sufficient specificity to satisfy the requirements of Court of Claims Act § 11(b) as the generalized description did not give notice as to where on the path the accident occurred … . Moreover, “‘[t]he State is not required to go beyond a claim or notice of intention in order to investigate an occurrence or ascertain information which should be provided pursuant to Court of Claims Act § 11′” … . Further, lack of prejudice to the State is immaterial … .

As the notice of intention was deficient, it did not serve to extend the claimant’s time to file and serve a claim beyond the 90-day statutory period (see Court of Clams Act § 10[3] … ). Therefore, the claimant’s claim, which was filed approximately one year after accrual of the claim, was untimely … . Criscuola v State of New York, 2020 NY Slip Op 06241, Second Dept 11-4-20

 

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