Legal Opinion
Patel v. Port Authority of New York & New Jersey
Appellate Division of the Supreme Court of the State of New York
Decided June 4, 1992PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme *236Court, New York County (Diane A. Lebedeff, J.), entered August 29, 1990, which granted defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.
We agree with the IAS court that the letter plaintiff relies on does not comport with the specific requirements for a notice of claim as against a State agency (McKinney’s Uncons Laws of NY § 7108 [L 1950, ch 301, § 8, as amended]), and that since a court may not waive jurisdictional defects in the service of a notice of claim in the absence of statutory authority (Luciano v Fanberg Realty Co., 102 AD2d 94, 98),…
2Cases cited2 opinions
- Tripee v. Port of New York AuthorityNew York Court of Appeals · 1964
- Luciano v. Fanberg Realty Co.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by3 opinions
- City of New York v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2001
- Estate of Pearlberg v. Port AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- Megrant Properties, Inc. v. Port Authority of New York & New JerseyNew York Supreme Court · 2002