State argues claim (New York) · Go Syfert
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State argues claim in New York

6 New York opinions name it 2 courts 1958–2025 2 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.

Followed or applied (2)

CaseFollowedCited
Dreger v. New York State Thruway Authoritygreen
ny · 1992 · cited in 3 New York opinions naming this issue, 2016–2025
2 sentences

2025The service requirements set forth in Court of Claims Act §§ 10 and 11 are jurisdictional in nature and require strict compliance as a precondition of suit against the State ( see Dreger v New York State Thruway Auth. , 81 NY2d 721, 724 [1992]).

2025The service requirements set forth in Court of Claims Act §§ 10 and 11 are jurisdictional in nature and require strict compliance as a precondition of suit against the State ( see Dreger v New York State Thruway Auth. , 81 NY2d 721, 724 [1992]).

33
Santana v. New York State Thruway Authoritygreen
nyclaimsct · 1977 · cited in 1 New York opinions naming this issue, 2003–2003
1 sentence

2003(Matter of Santana v New York State Thruway Auth., 92 Misc 2d 1, 11 [1977].) The State argues that the claim is meritless because it fails to comply with section 11 of the Court of Claims Act.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Caci v. State green
nyappdiv · 2013
1 sentence

2016(Caci v State of New York, 107 AD3d 1121 , 1122 [3d Dept 2013], citing Dreger v New York State Thruway Auth., 81 NY2d 721, 724 [1992].) Here, although the claim was timely filed with the court on May 2, 2016—which was the 90th day after the claim accrued—it was not timely served upon the Attorney General’s office.

12016–2016
Santangelo v. State green
nyappdiv · 1984
1 sentence

1985Claimant has sued the State contending that such monthly premium reductions constituted distributions within the intendment of subdivision 2 of section 163 of the Civil Service Law, which mandates a pro rata distribution to the same agencies whose unused premiums made up the dividends. * Relying on the rule confirmed in Tango v Tulevech ( 61 NY2d 34 ), the State argues that the claim should have been dismissed because the actions of the President of the Civil Service Commission were discretionary and thus reviewable only in a CPLR article 78 proceeding (see, also, Santangelo v State of New Yor

11985–1985
Brady v. County of Tioga green
nyappdiv · 1984
1 sentence

1985Claimant has sued the State contending that such monthly premium reductions constituted distributions within the intendment of subdivision 2 of section 163 of the Civil Service Law, which mandates a pro rata distribution to the same agencies whose unused premiums made up the dividends. * Relying on the rule confirmed in Tango v Tulevech ( 61 NY2d 34 ), the State argues that the claim should have been dismissed because the actions of the President of the Civil Service Commission were discretionary and thus reviewable only in a CPLR article 78 proceeding (see, also, Santangelo v State of New Yor

11985–1985
Tango v. Tulevech green
ny · 1983
1 sentence

1985Claimant has sued the State contending that such monthly premium reductions constituted distributions within the intendment of subdivision 2 of section 163 of the Civil Service Law, which mandates a pro rata distribution to the same agencies whose unused premiums made up the dividends. * Relying on the rule confirmed in Tango v Tulevech ( 61 NY2d 34 ), the State argues that the claim should have been dismissed because the actions of the President of the Civil Service Commission were discretionary and thus reviewable only in a CPLR article 78 proceeding (see, also, Santangelo v State of New Yor

11985–1985
Wright & Kremers, Inc. v. State green
ny · 1934
1 sentence

1958Next, the State argues that the clause forbidding any claim for damages for delay is a bar to the claim but it has been held that such clause does not bar a claim for damages due to the State’s aetive and direct interference with the performance of the work (Wright & Kremers v. State of New York, 263 N. Y. 615 , modfg. 238 App. Div. 260 ; Waples Co. v. State of New York, 178 App. Div. 357 ).

11958–1958
W. L. Waples Co. v. State neutral
nyappdiv · 1917
1 sentence

1958Next, the State argues that the clause forbidding any claim for damages for delay is a bar to the claim but it has been held that such clause does not bar a claim for damages due to the State’s aetive and direct interference with the performance of the work (Wright & Kremers v. State of New York, 263 N. Y. 615 , modfg. 238 App. Div. 260 ; Waples Co. v. State of New York, 178 App. Div. 357 ).

11958–1958
Wright & Kremers, Inc. v. State neutral
nyappdiv · 1933
1 sentence

1958Next, the State argues that the clause forbidding any claim for damages for delay is a bar to the claim but it has been held that such clause does not bar a claim for damages due to the State’s aetive and direct interference with the performance of the work (Wright & Kremers v. State of New York, 263 N. Y. 615 , modfg. 238 App. Div. 260 ; Waples Co. v. State of New York, 178 App. Div. 357 ).

11958–1958

Where else courts name it

IL 111 (1966–2026) TX 57 (1978–2023) FL 38 (1983–2026) WA 38 (1949–2026) OR 35 (1981–2026) CT 34 (1975–2024) OH 34 (1968–2023) IN 20 (1973–2019) MS 18 (1965–2018) WI 16 (1983–2026) NM 16 (1985–2021) AZ 15 (1980–2024) UT 14 (1989–2018) IA 14 (1975–2022) KS 14 (1987–2026) GA 14 (1979–2016) TN 13 (1966–2019) NE 13 (1976–2026) AL 11 (1986–2017) MN 11 (1979–2019) NC 10 (1978–2019) MT 10 (1991–2025) WV 9 (1981–2023) MO 9 (1977–2016) LA 8 (1984–2025) ID 8 (2006–2022) MD 8 (1993–2021) NJ 7 (2015–2025) NY 6 (1958–2025) NV 5 (1974–2017) SC 4 (1978–2023) NH 4 (1994–2025) AK 4 (1986–2022) AR 4 (1988–2009) RI 4 (1988–2013) VT 3 (2011–2026) DE 3 (2016–2018) WY 3 (2000–2013) CA 3 (1965–2015) OK 3 (1993–1997) ND 2 (2020–2022) SD 2 (1979–2010)

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.

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