Legal Opinion
Martinez v. State
Appellate Division of the Supreme Court of the State of New York
Decided April 16, 2001No. Claim No. 93086PublishedCited by 2 opinions
1Opinion of the Court
—In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Marin, J.), dated December 16, 1999, which granted the defendant’s motion pursuant to CPLR 3211 to dismiss the claim.
Ordered that the order is affirmed, with costs.
The requirements of Court of Claims Act § 11 are jurisdictional and must be strictly construed, and failure to comply with the service requirements therein results in a lack of jurisdiction (see, Finnerty v New York State Thruway Auth., 75 NY2d 721; Pagano v New York State Thruway Auth., 235 AD2d 408). Here, the…
2Cases cited6 opinions
- Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
- Hodge v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Pagano v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Turley v. StateAppellate Division of the Supreme Court of the State of New York · 2001
- Scott v. StateAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Flynn v. City University of New York at Brooklyn CollegeAppellate Division of the Supreme Court of the State of New York · 2004
- Duncan v. StateNew York Court of Claims · 2011