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54 New York opinions name it 8 courts 1902–2026 25 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Morra v. Stategreen2 sentences2026Section 11(b) of the Court of Claims Act requires a claim to 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'" ( Lepkowski v State of New York , 1 NY3d 201, 207 , quoting Court of Claims Act § 11[b]; see D.G. v State of New York , 214 AD3d 713, 714 ). "[T]he claim must 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 liabi 2024These statutory requirements, upon which defendant's waiver of sovereign immunity is conditioned, must be strictly construed, and the failure to satisfy any such requirements creates a fatal jurisdictional defect ( see Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Clark v State of New York , 165 AD3d 1371 , 1372 [3d Dept 2018], lv denied 33 NY3d 905 [2019]). "[A]bsolute exactness is not required," but a 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 li | 10 | 16 |
Sinski v. Stategreen2 sentences2025Pursuant 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 pr 2024Pursuant 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 | 10 | 14 |
Lepkowski v. State of NYgreen2 sentences2026Section 11(b) of the Court of Claims Act requires a claim to 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'" ( Lepkowski v State of New York , 1 NY3d 201, 207 , quoting Court of Claims Act § 11[b]; see D.G. v State of New York , 214 AD3d 713, 714 ). "[T]he claim must 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 liabi 2025Pursuant 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 pr | 8 | 14 |
Criscuola v. State of New Yorkgreen2 sentences2025Pursuant 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 pr 2025Pursuant 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 pr | 8 | 10 |
Kimball Brooklands Corp. v. State of New Yorkgreen2 sentences2026Section 11(b) of the Court of Claims Act requires a claim to 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'" ( Lepkowski v State of New York , 1 NY3d 201, 207 , quoting Court of Claims Act § 11[b]; see D.G. v State of New York , 214 AD3d 713, 714 ). "[T]he claim must 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 liabi 2023"However, '[a]bsolute exactness is not required,' so long as the particulars of the claim are detailed in a manner sufficient to permit investigation" ( Wagner v State of New York , 214 AD3d at 931 , quoting Kimball Brooklands Corp. v State of New York , 180 AD3d 1031, 1032 [internal quotation marks omitted]). | 4 | 9 |
Wagner v. State of New Yorkgreen2 sentences2023"However, absolute exactness is not required, so long as the particulars of the claim are detailed in [*2]a manner sufficient to permit investigation" ( Wagner v State of New York , 214 AD3d 930, 931 [alterations and internal quotation marks omitted]; see Lepkowski v State of New York , 1 NY3d 201, 207 ). 2023"A failure to comply with the requirements set forth in section 11(b) of [*2]the Court of Claims Act is a jurisdictional defect compelling dismissal of the claim" ( Wagner v State of New York , 214 AD3d at 931 ; see Meyer v State of New York , 213 AD3d 753, 756 ; Fenton v State of New York , 213 AD3d 737, 739 ). "[A] sufficiently detailed description of the particulars of the claim" is necessary because "[t]he purpose of the section 11(b) pleading requirements is . . . to enable the State to investigate and promptly ascertain the existence and extent of its liability" ( Wagner v State of New Y | 4 | 4 |
Davila Ex Rel. Estate of Bonilla v. Stategreen2 sentences2022However, "the claim must 'provide a sufficiently detailed description of the particulars of the claim to enable [the defendant] to investigate and promptly ascertain the existence and extent of its liability'" ( Morra v State of New York , 107 AD3d at 1115-1116 , quoting Robin BB. v State of New York , 56 AD3d 932 , 932 [internal quotation marks omitted]; see Matter of New York City Asbestos Litig. , 24 NY3d 275, 282 ; Davila v State of New York , 140 AD3d 1415, 1416 ). 2020However, "the claim must 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'" ( Morra v State of New York , 107 AD3d at 1115-1116 , quoting Robin BB. v State of New York , 56 AD3d 932 , 932; see Matter of New York City Asbestos Litig. , 24 NY3d 275, 282 ; Davila v State of New York , 140 AD3d 1415, 1416 ). " [C]onclusory or general allegations of negligence that fail to [state] the manner in which the claimant was injured and how the State was negligent do not meet its | 3 | 5 |
Laignelet v. State of New Yorkgreen2 sentences2025Pursuant 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 pr 2024Pursuant 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 | 3 | 4 |
D. G. v. State of New Yorkgreen2 sentences2026Section 11(b) of the Court of Claims Act requires a claim to 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'" ( Lepkowski v State of New York , 1 NY3d 201, 207 , quoting Court of Claims Act § 11[b]; see D.G. v State of New York , 214 AD3d 713, 714 ). "[T]he claim must 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 liabi 2023Thus "[a] claimant's failure to sufficiently particularize the nature of its claim constitutes a jurisdictional defect mandating dismissal" ( Kimball Brooklands Corp. v State of New York , 180 AD3d 1031, 1032 ). "[T]he claim must 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" ( D.G. v State of New York , 214 AD3d 713, 715 [internal quotation marks omitted]). [*2]"However, absolute exactness is not required, so long as the particulars of the claim are detailed in a | 3 | 3 |
Vallarta v. State of New Yorkgreen2 sentences2025Pursuant 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 pr 2024Pursuant 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 | 3 | 3 |
Sommer v. State of New Yorkgreen2 sentences2025It has long been held that, although "absolute exactness is not necessary, a claimant 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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Wright v State of New York , ___ NY3d ___, ___, 2025 NY Slip Op 01564 , *3 [2025]; Katan v State of New York , 174 AD3d 1212 , 1213 [3d Dept 2019]). 2023As to the nature of the claim, the claimant "is not required to set forth the evidentiary facts underlying the allegations of negligence" ( Davila v State of New York , 217 AD3d 921, 922 [2d Dept 2023]), but "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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Cobin v State of New York , 234 AD2d 498, 499 [2d Dept 1996], lv dismissed 90 | 3 | 3 |
In the Matter of New York City Asbestos Litigation v. Aluminum Company of Americagreen2 sentences2023However, "the claim must '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'" ( Morra v State of New York , 107 AD3d at 1115-1116 , quoting Robin BB. v State of New York , 56 AD3d 932 , 932 [internal quotation marks omitted]; see Matter of New York City Asbestos Litig. , 24 NY3d 275, 282 ). 2022However, "the claim must 'provide a sufficiently detailed description of the particulars of the claim to enable [the defendant] to investigate and promptly ascertain the existence and extent of its liability'" ( Morra v State of New York , 107 AD3d at 1115-1116 , quoting Robin BB. v State of New York , 56 AD3d 932 , 932 [internal quotation marks omitted]; see Matter of New York City Asbestos Litig. , 24 NY3d 275, 282 ; Davila v State of New York , 140 AD3d 1415, 1416 ). | 3 | 3 |
Flemming v. Stategreen2 sentences2021Memorandum: We affirm for reasons stated in the decision and order at the Court of Claims (Martin, J.) insofar as the court granted defendant's pre-answer motion to dismiss the amended claim on the ground that the notice of intention to file a claim and the amended notice of intention to file a claim "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' " ( Flemming v State of New York , 120 AD3d 848, 848 [3d Dept 2014]; see Cendales v State of New York , 2 AD3 2018We agree with the Court of Claims that the claim, consisting of 88 prolix paragraphs, raises vague, conclusory and non-linear allegations that lack context and fail to provide a coherent and sufficiently detailed description of the particulars of the claim to enable defendant to investigate and promptly ascertain the existence and extent of its liability ( see Flemming v State of New York , 120 AD3d 848, 848 [2014]). | 3 | 3 |
Rivera v. Stategreen2 sentences2018To that end, the Court of Claims Act does not require defendant "to ferret out or assemble information that section 11 (b) obligates the claimant to allege" ( Robin BB. v State of New York , 56 AD3d at 932 [internal quotation marks and citation omitted]; see Rivera v State of New York , 52 AD3d 1075, 1076 [2008]). 2008The 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 [2007]). | 3 | 3 |
Martinez v. State of New Yorkgreen2 sentences2025Pursuant 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 pr 2024Pursuant 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 | 2 | 3 |
Dreger v. New York State Thruway Authoritygreen2 sentences2023"Although 'absolute exactness' is not required, the claim must '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'" ( Morra v State of New York, 107 AD3d 1115, 1116 [3d Dept 2013]; see Criscuola v State of New York , 188 AD3d 645 [2d Dept 2020]; Sharief v State of New York , 164 AD3d 851 [2d Dept 2018]). "'[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements condition 2020"The purpose of the section 11(b) pleading requirements is to provide a sufficiently detailed [*2]description of the particulars of the claim to enable the State to investigate and promptly ascertain the existence and extent of its liability" ( Sinski v State of New York , 265 AD2d 319, 319 ; see Sharief v State of New York , 164 AD3d 851 , 852). "[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" (Lichtenstein v State of New York , 93 NY2d 911, | 2 | 3 |
Lichtenstein v. Stategreen2 sentences2023"Although 'absolute exactness' is not required, the claim must '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'" ( Morra v State of New York, 107 AD3d 1115, 1116 [3d Dept 2013]; see Criscuola v State of New York , 188 AD3d 645 [2d Dept 2020]; Sharief v State of New York , 164 AD3d 851 [2d Dept 2018]). "'[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements condition 2020"The purpose of the section 11(b) pleading requirements is to provide a sufficiently detailed [*2]description of the particulars of the claim to enable the State to investigate and promptly ascertain the existence and extent of its liability" ( Sinski v State of New York , 265 AD2d 319, 319 ; see Sharief v State of New York , 164 AD3d 851 , 852). "[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" (Lichtenstein v State of New York , 93 NY2d 911, | 2 | 3 |
Fenton v. State of New Yorkgreen2 sentences2023"A failure to comply with the requirements set forth in section 11(b) of [*2]the Court of Claims Act is a jurisdictional defect compelling dismissal of the claim" ( Wagner v State of New York , 214 AD3d at 931 ; see Meyer v State of New York , 213 AD3d 753, 756 ; Fenton v State of New York , 213 AD3d 737, 739 ). "[A] sufficiently detailed description of the particulars of the claim" is necessary because "[t]he purpose of the section 11(b) pleading requirements is . . . to enable the State to investigate and promptly ascertain the existence and extent of its liability" ( Wagner v State of New Y 2023Similarly, the "determination whether a claimant's statement of the 'time when' the claim arose is sufficiently definite to enable the State to investigate and ascertain its liability under the circumstances is a sui generis determination depending upon the nature of the claim and specificity of allegations set forth in the claim" ( Fenton v State of New York , 213 AD3d 737, 739 [2d Dept 2023]). | 2 | 3 |
Cobin v. Stategreen2 sentences2023As to the nature of the claim, the claimant "is not required to set forth the evidentiary facts underlying the allegations of negligence" ( Davila v State of New York , 217 AD3d 921, 922 [2d Dept 2023]), but "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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Cobin v State of New York , 234 AD2d 498, 499 [2d Dept 1996], lv dismissed 90 2019Court of Claims Act § 11 (b) provides that "[t]he claim shall state the . . . place where such claim arose." Although "absolute exactness" is not required, "a claimant 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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [2015] [internal quotation marks, brackets and citations omitted]; see Davila v State of New York , 140 AD3d 1415, 1416 [2016]; Cobin v State of New York , 234 AD2d 498, 499 [1996], lv dismissed 90 | 2 | 3 |
People ex rel. Deuel v. Campbellgreen2 sentences2016Although a violation of probation proceeding is not subject to all the formalities of a criminal action (see People v Jangrow, 34 AD3d 991, 991-992 [2006]), CPL 410.70 (2) nonetheless provides that, in the context of revoking a defendant's probation, "[t]he court must file or cause to be filed with the clerk of the court a statement setting forth the condition or conditions of the sentence violated and a reasonable description of the time, place and manner in which the violation occurred." To that end, the violation petition, together with any additional details supplied by the People prior to 2016The defendant is entitled to "notice of the particulars of the violation charged" so as to have "a full opportunity to prepare a defense" (People v Schneider, 188 AD2d 754 , 756 [1992], lv denied 81 NY2d 892 [1993]). | 2 | 3 |
Johnson v. Fischergreen2 sentences2014Regarding the cell search, “Directive No. 4910 (V) (C) (1) allows an inmate to observe a cell search when the inmate is removed from the cell for the search, unless a determination is rendered that such presence constitutes a safety or security risk” (Matter of Johnson v Fischer, 109 AD3d 1070, 1071 [2013]). 2014Regarding the cell search, “Directive No. 4910 (V) (C) (1) allows an inmate to observe a cell search when the inmate is removed from the cell for the search, unless a determination is rendered that such presence constitutes a safety or security risk” (Matter of Johnson v Fischer, 109 AD3d 1070, 1071 [2013]). | 2 | 3 |
Wright v. State of New Yorkgreen2 sentences2025After noting that the purpose of section 11 (b) is to ensure "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" ( id. at 134 [internal quotation marks omitted]), the Court considered the relationship between the CVA and the Act. 2025After noting that the purpose of section 11 (b) is to ensure "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" ( id. at 134 [internal quotation marks omitted]), the Court considered the relationship between the CVA and the Act. | 2 | 2 |
Kolnacki v. Stategreen2 sentences2024These statutory requirements, upon which defendant's waiver of sovereign immunity is conditioned, must be strictly construed, and the failure to satisfy any such requirements creates a fatal jurisdictional defect ( see Kolnacki v State of New York , 8 NY3d 277, 280-281 [2007]; Clark v State of New York , 165 AD3d 1371 , 1372 [3d Dept 2018], lv denied 33 NY3d 905 [2019]). "[A]bsolute exactness is not required," but a 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 li 2015“Failure to abide by these pleading requirements constitutes a jurisdictional defect mandating dismissal of the claim, even though this may be a harsh result” (Morra v State of New York, 107 AD3d at 1116 ; see Kolnacki v State of New York, 8 NY3d 277, 281 [2007]; Dinerman v NYS Lottery, 69 AD3d 1145, 1146 [2010], lv dismissed 15 NY3d 911 [2010]). | 2 | 2 |
Weichsel v. State of New Yorkgreen2 sentences2023"Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" ( Weichsel v State of New York , 211 AD3d at 989 [internal quotation marks omitted]). 2023"Because suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed" ( Weichsel v State of New York , 211 AD3d at 989 [alterations and internal quotation marks omitted]). | 2 | 2 |
Meyer v. State of New Yorkgreen2 sentences2023Here, the Court of Claims incorrectly determined that the claimant was required to allege the exact date on which the sexual abuse occurred ( see Meyer v State of New York , _____ AD3d _____, 2023 NY Slip Op 00658, *3 [2d Dept]; Fenton v State of New York , __ AD3d __, 2023 NY Slip Op 00650, *3 [2d Dept]). 2023"A failure to comply with the requirements set forth in section 11(b) of [*2]the Court of Claims Act is a jurisdictional defect compelling dismissal of the claim" ( Wagner v State of New York , 214 AD3d at 931 ; see Meyer v State of New York , 213 AD3d 753, 756 ; Fenton v State of New York , 213 AD3d 737, 739 ). "[A] sufficiently detailed description of the particulars of the claim" is necessary because "[t]he purpose of the section 11(b) pleading requirements is . . . to enable the State to investigate and promptly ascertain the existence and extent of its liability" ( Wagner v State of New Y | 2 | 2 |
Heisler v. Stategreen2 sentences2013Although “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]). 2013Although “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]). | 2 | 2 |
| Czynski v. Stategreen | 2 | 2 |
| Signature Health Center, LLC v. Stategreen | 2 | 2 |
Cobin v. Stategreen2 sentences2023As to the nature of the claim, the claimant "is not required to set forth the evidentiary facts underlying the allegations of negligence" ( Davila v State of New York , 217 AD3d 921, 922 [2d Dept 2023]), but "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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [3d Dept 2015] [internal quotation marks, brackets and citations omitted]; see Cobin v State of New York , 234 AD2d 498, 499 [2d Dept 1996], lv dismissed 90 2019Court of Claims Act § 11 (b) provides that "[t]he claim shall state the . . . place where such claim arose." Although "absolute exactness" is not required, "a claimant 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" ( Sommer v State of New York , 131 AD3d 757, 757-758 [2015] [internal quotation marks, brackets and citations omitted]; see Davila v State of New York , 140 AD3d 1415, 1416 [2016]; Cobin v State of New York , 234 AD2d 498, 499 [1996], lv dismissed 90 | 1 | 2 |
| Wright v. State of New Yorkgreen | 1 | 1 |
| Kinge v. Stategreen | 1 | 1 |
| Dolgas v. Walesgreen | 1 | 1 |
| Easterbrooks v. Schenectady Countygreen | 1 | 1 |
| Johnson v. Stategreen | 1 | 1 |
| Smith v. State of New Yorkgreen | 1 | 1 |
| McLaughlin v. Snowlift, Inc.green | 1 | 1 |
| Davila v. State of New Yorkgreen | 1 | 1 |
| Cendales v. Stategreen | 1 | 1 |
| Mitchell v. City of New Yorkgreen | 1 | 1 |
| Kealos v. State of New Yorkgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tilton v. . Beecher
green
2 sentences1906Section 546 of the Code of Civil Procedure provides: “Where one or more denials or- allegations, contained in a pleading, are so indefinite or uncertain that the precise meaning or application thereof is not apparent, the court may require the pleading to be made definite and certain, by amendment.” Section 531 of the Code of Civil Procedure provides: “ Upon application in any case, the court, or a judge authorized to make an order in the action, may, upon notice, direct a bill of the particulars of the claim of either party to be delivered to the adverse party, and in case of default the cour 1904The change thus made in the language of section 546 tended to obscure the line of demarkation between the remedies, and sometimes it has been exceedingly difficult to determine the appropriate remedy, and (no doubt induced thereto by the remarks of Judge Rap allo in Tilton v. Beecher, supra, to the effect that both might consistently exist together) it has become quite common to move, as in this case, in the alternative. 1 Nichol’s Pr. 1064. | 3 | 1902–1906 |
Sardegna v. State of New York
green
2 sentences2025Pursuant 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 pr 2024Pursuant 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 | 2 | 2024–2025 |
Hargrove v. State of New York
green
2 sentences2022A failure to comply with the requirements set forth in section 11(b) of the Court of Claims Act is a jurisdictional defect compelling the dismissal of the claim ( see Criscuola v State of New York , 188 AD3d at 646 ; Hargrove v State of New York , 138 AD3d 777, 777-778 ). 2020A failure to comply with the requirements set forth in sections 10(3) and 11(b) of the Court of Claims Act is a jurisdictional defect compelling the dismissal of the claim ( see Hargrove v State of New York , 138 AD3d at 777—778; Welch v State of New York , 286 AD2d 496, 497-498 ). | 2 | 2020–2022 |
| People v. Sofo green | 1 | 2024–2024 |
| Dinallo v. DAL Electric green | 1 | 2023–2023 |
| Prisco v. State green | 1 | 2022–2022 |
| Gabbur v. State of New York neutral | 1 | 2022–2022 |
| Grumet v. State green | 1 | 2020–2020 |
| Twenty Four Hour Fuel Oil Corp. v. Hunter Ambulette-Ambulance Inc. green | 1 | 2020–2020 |
| Wharton v. City University of New York green | 1 | 2020–2020 |
| Triani v. State green | 1 | 2018–2018 |
| Tucholski v. State of New York green | 1 | 2018–2018 |
| Dinerman v. NYS Lottery neutral | 1 | 2015–2015 |
| Presbyterian Hospital v. Maryland Casualty Co. green | 1 | 2004–2004 |
| Sega v. State green | 1 | 1999–1999 |
| Sheils v. State neutral | 1 | 1999–1999 |
| People v. Tyrrell green | 1 | 1992–1992 |
| People v. Karassik green | 1 | 1992–1992 |
| People v. Rosenbaum green | 1 | 1992–1992 |
| People v. LoBianco green | 1 | 1992–1992 |
| People v. Ali neutral | 1 | 1992–1992 |
| People v. Oskroba green | 1 | 1992–1992 |
| Geduldig v. Aiello red | 1 | 1976–1976 |
| People v. . McClellan green | 1 | 1964–1964 |
| In re the Probate of the Will of Ernst green | 1 | 1964–1964 |
| Runals v. Niagara University neutral | 1 | 1964–1964 |
| Smith v. Anderson neutral | 1 | 1909–1909 |
| Faller v. Ranger neutral | 1 | 1906–1906 |
| Wood v. Partridge green | 1 | 1902–1902 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.