Legal Opinion
Lepkowski v. State of NY
New York Court of Appeals
Decided December 18, 2003PublishedCited by 140 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Read, J.
We are asked whether the claims in this consolidated action comply with the substantive pleading requirements of section 11 (b) of the Court of Claims Act. We conclude that the claims do not comply because they fail to allege the times when and the place where the claims arose, any items of damage or the total sum claimed. We further conclude that the State must follow the steps in CPLR 3022 in order to preserve any objection that a claim or notice of intention does not comply with the verification requirement in section 11 (b).
I
Claimants are public employees…
2Cases cited13 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Lichtenstein v. StateNew York Court of Appeals · 1999
- Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Miller v. Board of AssessorsNew York Court of Appeals · 1997
8 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Kolnacki v. StateNew York Court of Appeals · 2007
- Long v. State of New YorkNew York Court of Appeals · 2006
- Morra v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Master v. PohankaAppellate Division of the Supreme Court of the State of New York · 2007
- Criscuola v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
135 more not listed; retrieve them via the Exa API.