Sinski v. State, 265 A.D.2d 319 (N.Y. App. Div. 1999). · Go Syfert
Sinski v. State, 265 A.D.2d 319 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
33 citation events (30 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Pruchnick v. State of New York
nyclaimsct · 2025 · confidence medium
Thus, contrary to the State's arguments, the claim provides a sufficiently detailed description of the particulars to enable the State to investigate and promptly ascertain the existence and extent of its liability for the alleged wrongful death of Robinson ( see Kimball Brooklands Corp. v State of New York , 180 AD3d 1031, 1032 [2d Dept 2020]; Sinski v State of New York , 265 AD2d 319, 319 [2d Dept 1999]).
discussed Cited as authority (rule) Pruchnick v. State of New York
nyclaimsct · 2025 · confidence medium
Thus, contrary to the State's arguments, the claim provides a sufficiently detailed description of the particulars to enable the State to investigate and promptly ascertain the existence and extent of its liability for the alleged wrongful death of Robinson ( see Kimball Brooklands Corp. v State of New York , 180 AD3d 1031, 1032 [2d Dept 2020]; Sinski v State of New York , 265 AD2d 319, 319 [2d Dept 1999]).
discussed Cited as authority (rule) Rodriguez-Giron v. State of New York
nyclaimsct · 2023 · confidence medium
Court of Claims Act § 11 (b) provides in pertinent part that a "claim shall state the time when and place where such claim arose, the nature of same, the items of damage or injuries [*2]claimed to have been sustained." The purpose of the pleading requirements is to provide a sufficiently detailed description of the particulars to enable the State to investigate and promptly ascertain the existence and extent of its liability ( see Sinski v State of New York , 265 AD2d 319, 319 [1999]).
discussed Cited as authority (rule) Dominguez v. State of New York (2×)
nyclaimsct · 2023 · confidence medium
As relevant here, CCA § 11(b) requires that a claim state "the time when and place where such claim arose [and] the nature of same." The purpose of this pleading requirement "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" under the circumstances ( Sinski v State of New York , 265 AD2d 319, 319 [2d Dept 1999]; see also Lepkowski , 1 NY3d at 207 ; Laignelet v State of New York , 205 AD3d 795, 795 [2d Dept 2022]).
discussed Cited as authority (rule) Davila Ex Rel. Estate of Bonilla v. State
N.Y. App. Div. · 2016 · confidence medium
In view of the particular circumstances posed here, the specific facts alleged are sufficient to allow defendant to reasonably infer a cause of action consistent with the negligent “construction], operation] and maint[enance]” of the facility, as alleged (see Demonstoy v State of New York, 130 AD3d 1337, 1337-1338 [2015]; Morris v State of New York, 27 AD3d 282, 283 [2006]; Santos v State of New York, 291 AD2d 851, 851 [2002]; Sinski v State of New York, 265 AD2d 319, 319 [1999]; compare Lepkowski v State of New York, 1 NY3d at 208 ; Robin BB. v State of New York, 56 AD3d 932 , 933 [2008])…
discussed Cited as authority (rule) Flemming v. State
N.Y. App. Div. · 2014 · confidence medium
We agree with the Court of Claims that claimant’s general allegations related to a conspiracy, and the failure of certain correction officers to investigate an unspecified complaint did not “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” (Sinski v State of New York, 265 AD2d 319, 319 [1999]; accord Morra v State of New York, 107 AD3d at 1115-1116 ).
discussed Cited as authority (rule) FlemmingvStateofNewYork
N.Y. App. Div. · 2014 · confidence medium
We agree with the Court of Claims that claimant's general allegations related to a conspiracy, and the failure of certain correction officers to investigate an unspecified complaint did not "provide a sufficiently detailed description of the particulars of the claim to enable [defendant] to investigate and promptly ascertain the existence and extent of [their] liability" (Sinski v State of New York, 265 AD2d 319, 319 [1999]; accord Morra v State of New York, 107 AD3d at 1115-1116 ).
discussed Cited as authority (rule) Flemming v. State
N.Y. App. Div. · 2014 · confidence medium
We agree with the Court of Claims that claimant’s general allegations related to a conspiracy, and the failure of certain correction officers to investigate an unspecified complaint did not “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” (Sinski v State of New York, 265 AD2d 319, 319 [1999]; accord Morra v State of New York, 107 AD3d at 1115-1116 ).
discussed Cited as authority (rule) Morra v. State
N.Y. App. Div. · 2013 · confidence medium
Although “absolute exactness” is not required (Heisler v State of New York, 78 AD2d 767, 767 [1980]), the claim must “ ‘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’ ” (Robin BB. v State of New York, 56 AD3d 932 , 932-933 [2008], quoting Sinski v State of New York, 265 AD2d 319, 319 [1999]).
discussed Cited as authority (rule) Morra v. State
N.Y. App. Div. · 2013 · confidence medium
Although “absolute exactness” is not required (Heisler v State of New York, 78 AD2d 767, 767 [1980]), the claim must “ ‘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’ ” (Robin BB. v State of New York, 56 AD3d 932 , 932-933 [2008], quoting Sinski v State of New York, 265 AD2d 319, 319 [1999]).
discussed Cited as authority (rule) Robin BB. v. State
N.Y. App. Div. · 2008 · confidence medium
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 purpose of the pleading requirements contained therein “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” (Sinski v State of New York, 265 AD2d 319, 319 [1999]).
discussed Cited as authority (rule) Jones v. State
N.Y. App. Div. · 2008 · confidence medium
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” (Sinski v State of New York, 265 AD2d 319, 319 [1999]), and the failure to comply with Court of Claims Act § 11 (b) mandates dismissal for lack of subject matter jurisdiction (see Czynski v State of New York, 53 AD3d 881, 883 [2008]; Rivera v State of New York, 52 AD3d 1075, 1076 [2008]; Signature Health Ctr., LLC v State of New York, 42 AD3d 678, 679 [200…
discussed Cited "see" Lunati v. State of New York
N.Y. App. Div. · 2025 · signal: see · confidence high
Pursuant to Court of Claims Act § 11(b), a claim must specify "'(1) the nature of [the claim]; (2) the time when it arose; (3) the place where it arose; (4) the items of damage or injuries claimed to have been sustained; and (5) the total sum claimed'" ( Sardegna v State of New York , 218 AD3d 700, 701 , quoting Lepkowski v State of New York , 1 NY3d 201, 207 ; see Martinez v State of New York , 215 AD3d 815, 816 ). "'The purpose of the section 11(b) pleading requirements is to provide a sufficiently detailed description of the particulars of the claim to enable the State to investigate and p…
discussed Cited "see" Pressley v. State of New York
N.Y. App. Div. · 2024 · signal: see · confidence high
Pursuant to Court of Claims Act § 11(b), a claim must specify, "'(1) the nature of [the claim]; (2) the time when it arose; (3) the place where it arose; (4) the items of damage or injuries claimed to have been sustained; and (5) the total sum claimed'" ( Sardegna v State of New York , 218 AD3d 700, 701 , quoting Lepkowski v State of New York , 1 NY3d 201, 207 ; see Martinez v State of New York , 215 AD3d 815, 816 ). "'The purpose of the section 11(b) pleading requirements is to provide a sufficiently detailed description of the particulars of the claim to enable the State to investigate and …
Retrieving the full opinion text from the archive…
Teresa A. Sinski
v.
State of New York
Appellate Division of the Supreme Court of the State of New York.
Oct 4, 1999.
265 A.D.2d 319
Cited by 23 opinions  |  Published

—In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Silverman, J.), entered April 1, 1998, which granted the defendant’s motion for summary judgment dismissing the claim.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the claim is reinstated.

The claimant was injured when she proceeded in her car into an intersection and was struck by a car traveling along the road perpendicular to the claimant’s route. The claimant alleged that the defendant had negligently failed to install adequate warning signs, road markings, or traffic lights at the intersection, even though there had been frequent accidents at the site.

Pursuant to Court of Claims Act § 11 (b), a notice of intention to file a claim and a claim must set forth, inter alia, the “place where such claim arose” and “the nature of same”. The purpose of the section 11 (b) pleading requirements is to provide a sufficiently detailed description of the particulars of the claim to enable the State to investigate and promptly ascertain the existence and extent of its liability (see, Sheils v State of New York, 249 AD2d 459; Sega v State of New York, 246 AD2d 753). The gravamen of the claim is that the defendant was negligent in maintaining the intersection in a dangerous condition and in failing to warn motorists of the danger. Given the nature of the claim, the description of the location of the occurrence was sufficient to enable the State to investigate the occurrence and determine its liability, if any (see, Ferrugia v State of New York, 237 AD2d 858, 859; cf., Cobin v State of New York, 234 AD2d 498). Altman, J. P., Krausman, H. Miller and Schmidt, JJ., concur.