Signature Health Ctr., LLC v. State, 42 A.D.3d 678 (N.Y. App. Div. 3d Dep't 2007). · Go Syfert
Signature Health Ctr., LLC v. State, 42 A.D.3d 678 (N.Y. App. Div. 3d Dep't 2007). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 3 distinct courts.
Cited for
At page 679 Determining jurisdictional defects under claims act12 citing cases“Accordingly, we conclude that the Court of Claims correctly dismissed claimant’s first claim.”the opinion's own words at *679 · 11 listed here
  • Williams v. State of New York, 238 A.D.3d 1356 (N.Y. App. Div. 3d Dep't 2025).published 2 cites
    Although the Court of Claims Act lacks its own recommencement provision, where a prior claim was "timely commenced" but was subsequently dismissed, [FN2] the claimant "may commence a new [claim] upon the same . . . series of transactions o…
  • Cardenas v. State of New York, 220 A.D.3d 613 (N.Y. App. Div. 1st Dep't 2023).published
    That respondent did not seek dismissal of claimant's leave application on the basis that the proposed claim did not comply with Court of Claims Act § 11(b) is immaterial because the Court of Claims' lack of subject matter jurisdiction is n…
  • Caci v. State, 107 A.D.3d 1121 (N.Y. App. Div. 3d Dep't 2013).published 2 cites
    Hydropower, LP v State of New York, 90 AD3d 1292, 1293 [2011]; Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [2007]) and, therefore, such defect “cannot be overlooked or remedied by ei ther waiver or estoppel” (Rodriguez…
  • Erie Boulevard Hydropower, LP v. State, 90 A.D.3d 1292 (N.Y. App. Div. 3d Dep't 2011).published
    The State asserted a jurisdictional issue before the Court of Claims and, while the State has not taken a position on appeal, subject matter jurisdiction is nonwaivable and may be considered sua sponte (see Matter of Fry v Village of Tarry…
  • Wilson v. State, 35 Misc. 3d 227 (2011).published
    Questions of subject matter jurisdiction may be raised at any time, and even by the court sua sponte (see Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [2007]).
  • Dinerman v. NYS Lottery, 69 A.D.3d 1145 (N.Y. App. Div. 3d Dep't 2010).published
    “Failure to strictly comply with these substantive pleading requirements is a jurisdictional defect warranting dismissal for lack of subject matter jurisdiction” (Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [2007] [cit…
  • Hogan v. State, 59 A.D.3d 754 (N.Y. App. Div. 3d Dep't 2009).published
    Court of Claims Act § 11 (b) provides, in relevant part, that “[t]he claim shall state the time when and place where such claim arose, the nature of same, the items of damage or injuries claimed to have been sustained and, except in an act…
  • Robin BB. v. State, 56 A.D.2d 932 (N.Y. App. Div. 2008).published
    To that end, defendant is not required “to ferret out or assemble information that section 11 (b) obligates the claimant to allege” (Lepkowski v State of New York, 1 NY3d 201, 208 [2003]), and the failure to comply with the statutory requi…
  • Jones v. State, 56 A.D.2d 906 (N.Y. App. Div. 2008).published
    The purpose of the foregoing pleading requirements “is to 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” (S…
  • Renee XX. v. John ZZ., 51 A.D.3d 1090 (N.Y. App. Div. 3d Dep't 2008).published
    While there are occasions when an issue of standing “may be characterized as raising questions of subject matter jurisdiction” (Lacks v Lacks, 41 NY2d 71 , 74 [1976]; see Matter of Battenkill Assn. of Concerned Citizens v Town of Greenwich…
Show 1 more citing case
  • Arbor Com. Mortg., LLC v. Martinson, 18 Misc. 3d 178 (N.Y. Sup. Ct. 2007).published
    Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [3d Dept 2007], citing Matter of Fry v Village of Tarrytown, 89 NY2d 714 [1997]).
Retrieving the full opinion text from the archive…
Signature Health Center, LLC
v.
State of New York, (And Another Related Claim.)
Claim No. 107802.
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 2007.
Published opinion
42 A.D.3d 678
Mugglin.
Cited by 12 opinions  |  Published
Mugglin, J.

Appeals (1) from an order of the Court of Claims (Collins, J.), entered May 19, 2005, which dismissed claimant’s first claim as jurisdictionally defective, and (2) from an order of said court, entered January 17, 2006, which, inter alia, granted defendant’s cross motion to dismiss the second claim.

Claimant’s April 2003 CFLR article 78 proceeding in the nature of mandamus resulted in a judgment dated June 19, 2003 directing the Department of Health to publish claimant’s revised Medicaid rates. Contemporaneously therewith, claimant filed a claim against defendant for damages flowing from the refusal of the Department of Health to publish claimant’s revised Medicaid rates. Following dismissal of the claim as jurisdictionally defective for failure to comply with the substantive pleading requirements of Court of Claims Act § 11 (b), claimant filed a second claim. Claimant’s second claim was dismissed by the Court of Claims as untimely and claimant now appeals from both orders.

[*679] The Court of Claims correctly dismissed claimant’s first claim as jurisdictionally defective. Court of Claims Act § 11 (b) provides, in relevant part, that a claim “shall state the time when and place where such claim arose, the nature of same, and the items of damage or injuries claimed to have been sustained and the total sum claimed.” Failure to strictly comply with these substantive pleading requirements is a jurisdictional defect warranting dismissal for lack of subject matter jurisdiction (see Kolnacki v State of New York, 8 NY3d 277, 280 [2007]; Lepkowski v State of New York, 1 NY3d 201, 207-208 [2003]; Alston v State of New York, 97 NY2d 159, 164 [2001]). Nevertheless, claimant contends that dismissal was in error since the issue of subject matter jurisdiction was improperly raised by the court, sua sponte, and that Lepkowski, since it was decided seven months after the filing of the initial claim, should not have been applied retroactively. We disagree. A court may, sua sponte, raise issues regarding its subject matter jurisdiction (see Matter of Fry v Village of Tarrytown, 89 NY2d 714, 722 [1997]; Matter of Bray v Marsolais, 21 AD3d 1143, 1145 [2005]; Ozanam Hall of Queens Nursing Home v State of New York, 241 AD2d 670, 671 [1997]). With respect to the retroactive application of Lepkowski, we first note no change in decisional law. Strict compliance with the jurisdictional requirements of the Court of Claims Act is not a new principle (see Kolnacki v State of New York, supra at 281; Lichtenstein v State of New York, 93 NY2d 911, 913 [1999]; Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992]). Second, a change in decisional law will normally be applied retroactively to all cases still in the normal litigation process as of the date of decision, except (as is not here the case) where the application of the new law would create significant and substantial instability in society (see Gurnee v Aetna Life & Cas. Co., 55 NY2d 184, 191 [1982]; Gager v White, 53 NY2d 475, 483-484 [1981], cert denied 454 US 1086 [1981]). Accordingly, we conclude that the Court of Claims correctly dismissed claimant’s first claim.

We reach a contrary conclusion regarding the Court of Claim’s dismissal of claimant’s second claim. The Court of Claims held— and defendant argues on this appeal—that the statutory time constraints set forth in Court of Claims Act § 10 are conditions precedent to suit against defendant and, in the absence of compliance, defendant has not waived its sovereign immunity. Moreover, the court held (and defendant argues) that CPLR 205 (a) applies only to extend statutes of limitations and is inapplicable to extend conditions precedent to suit. While this rationale supports dismissal of claims not timely filed (see Yonkers Contr. Co. v Port Auth. Trans-Hudson Corp., 93 NY2d 375 [1999]) or[*680] not timely served (see Dreger v New York State Thruway Auth., supra at 724), it is here undisputed that the conditions precedent found in Court of Claims Act § 10 were satisfied by timely filing and service of the first claim. “The Court of Claims Act contains no recommencement provision of its own, but section 10 (6) expressly incorporates the time limitations and tolling provisions of CPLR article 2, and [Court of Claims Act § ] 9 (9) requires that Court of Claims practice follow Supreme Court practice, unless other provisions are expressly made. Thus, these actions may be recommenced if they qualify for recommencement under CPLR 205 (a)” (Dreger v New York State Thruway Auth., supra at 723). Here, claimant fully complied with the provisions of CPLR 205 (a) and, as that statute is applicable herein, the Court of Claims should not have dismissed the second claim as untimely.

Cardona, P.J., Crew III, Peters and Lahtinen, JJ., concur. Ordered that the order entered May 19, 2005 is affirmed, without costs. Ordered that the order entered January 17, 2006 is reversed, on the law, without costs, and cross motion denied.