Legal Opinion

Lepkowski v. State

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 2003No. Claim No. 97697Published

1DissentLahtinen, J.

We respectfully dissent. “[P]ublic policy * * * seeks to reduce rather than increase the obstacles to recovery of damages, whether defendant is a private person *768or a public body” (Brown v State of New York, 89 NY2d 172, 180). The requirements regarding the contents of the claim, as set forth in Court of Claims Act § 11, “should receive a reasonable construction and not one that unjustly deprives a suitor of the right to recover” (Chalmers & Son v State of New York, 271 App Div 699, 701, affd 297 NY 690). The contents of a claim are sufficiently definite if the allegations are “specific enough…

Also in this document: Concurrence.

2Cases cited14 opinions

  1. Brown v. State of New YorkNew York Court of Appeals · 1996
  2. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  3. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  4. Harvey Chalmers & Son, Inc. v. StateNew York Court of Appeals · 1947
  5. Miller v. Board of AssessorsNew York Court of Appeals · 1997

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