Roberts v. City Univ. of New York, 41 A.D.3d 825 (N.Y. App. Div. 2007). · Go Syfert
Roberts v. City Univ. of New York, 41 A.D.3d 825 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Curry v. State of New York
N.Y. App. Div. · 2025 · confidence medium
Accordingly, as "the applicable limitations period [had] expired in this case, the court was without authority either to entertain a subsequent motion to extend the time to file a late claim, or . . . grant such relief" ( Roberts v City Univ. of N.Y. , 41 AD3d 825, 826 [2d Dept 2007]; see Campos v State of New York , 139 AD3d 1276, 1278 [3d Dept 2016]).
discussed Cited "see" Golia v. State of New York
N.Y. App. Div. · 2018 · signal: see · confidence high
In addition, his proposed claim alleging tortious interference with contract is time-barred ( see CPLR 214[4]; Pursnani v Stylish Move Sportswear, Inc., 92 AD3d 663, 664 ). "[T]he failure to file a timely claim . . . divests the Court of Claims of jurisdiction, and thus, the court does not possess the discretion to reinstate [a] time-barred [claim]" ( Berger v State of New York, 171 AD2d 713, 716 [citations omitted]; see Roberts v City Univ. of N.Y., 41 AD3d 825, 826 ; Simon v State of New York, 12 AD3d 171 ).
discussed Cited "see" Sands v. State
N.Y. App. Div. · 2008 · signal: see · confidence high
Leave to file a late claim cannot be granted with respect to the intentional tort claims as they all accrued more than one year before claimant moved for such leave (CFLR 215 [3]; Court of Claims Act § 10 [6]; see Roberts v City Univ. of N.Y., 41 AD3d 825 [2007]).
Retrieving the full opinion text from the archive…
Denise Roberts
v.
City University of New York
Appellate Division of the Supreme Court of the State of New York.
Jun 26, 2007.
41 A.D.3d 825
Cited by 9 opinions  |  Published

In a claim to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Court of Claims (Scuccimarra, J.), dated July 3, 2006, as,[*826] upon, inter alia, granting its motion to dismiss the claim, extended the time for the claimant to serve and file a properly verified claim for an additional 30 days from the date of filing of the order.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that portion of the order which extended the claimant’s time to serve and file a properly verified claim is vacated.

The claimant allegedly fell and was injured on the defendant’s property on August 27, 2002. She thereafter sought and obtained leave to serve a late claim, but subsequently made a series of defective and untimely attempts to serve the claim. Following the expiration of the three-year statute of limitations applicable to the claim (see CPLR 214), the defendant moved to dismiss the latest version of the claim on the ground, inter alia, that it was not properly verified. The claimant cross-moved, inter alia, to dismiss the third, fourth, fifth, and sixth affirmative defenses asserted in the answer. In the resulting order dated July 3, 2006, the Court of Claims granted the defendant’s motion and denied the claimant’s cross motion. However, the court also extended the claimant’s time within which to serve and file a properly verified claim for an additional 30 days from the date of filing of the order, and we reverse insofar as appealed from.

Pursuant to Court of Claims Act § 10 (6), the court has discretion to permit the filing of a late claim at any time before the action is time-barred. “Concomitantly, the failure to file a timely claim . . . divests the Court of Claims of jurisdiction . . . and thus, the court does not possess the discretion to reinstate time-barred causes of action” (Berger v State of New York, 171 AD2d 713, 716 [1991] [citations omitted]; see Simon v State of New York, 12 AD3d 171 [2004]; Williams v State of New York, 235 AD2d 776 [1997]; Hernandez v State of New York, 144 AD2d 167 [1988]). Once the applicable limitations period expired in this case, the court was without authority either to entertain a subsequent motion to extend the time to file a late claim, or, sua sponte, to grant such relief (see Crum & Foster Ins. Co. v State of New York, 25 AD3d 643 [2006]). Mastro, J.P., Dillon, Covello and Dickerson, JJ., concur.