Legal Opinion
Marshall v. State
New York Court of Claims
Decided June 22, 1989No. Claim No. 78328PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Condon A. Lyons, J.
On February 21, 1989, the 90th day after this personal injury claim accrued, a copy of the claim was received via fax by a paralegal in the office of the Attorney-General. A second copy of the claim was personally served on an Assistant Attorney-General the following day.
Defendant has moved, before answering, to dismiss the claim for lack of subject matter and personal jurisdiction.
Service of a claim by fax is not an authorized method of service (Court of Claims Act § 11) and service by means other *194than prescribed by the statute is insufficient for the…
2Cases cited1 opinion
- Thomas v. StateAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by4 opinions
- Hotel Syracuse, Inc. v. City of Syracuse Industrial Development Agency (In Re Hotel Syracuse, Inc.)District Court, N.D. New York · 1993
- Schaeffer v. StateNew York Court of Claims · 1989
- Si-Nor, Inc. v. Director, Department of Labor & Industrial RelationsHawaii Intermediate Court of Appeals · 2009
- Si-Nor, Inc. v. Director, Department of Labor & Industrial RelationsHawaii Intermediate Court of Appeals · 2009