Legal Opinion

Flynn v. City University of New York at Brooklyn College

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

Decided April 26, 2004No. Claim No. 99588PublishedCited by 2 opinions

1Opinion of the Court

In a claim to recover damages for personal injuries, etc., the appeal is from an order of the Court of Claims (Waldon, J.), dated March 3, 2003, which, inter alia, granted that branch of the defendants’ motion, in effect, pursuant to CPLR 3211 (a) (8) which was to dismiss the claim insofar as asserted against the defendant City University of New York at Brooklyn College.

Ordered that the order is affirmed, with costs.

The requirements of Court of Claims Act § 11 are jurisdictional and must be strictly construed. Failure to comply with the service requirements therein results in a lack of…

2Cases cited4 opinions

  1. Finnerty v. New York State Thruway AuthorityNew York Court of Appeals · 1989
  2. Brinkley v. City UniversityAppellate Division of the Supreme Court of the State of New York · 1983
  3. Pagano v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  4. Martinez v. StateAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by2 opinions

  1. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 2007
  2. Katz v. StateAppellate Division of the Supreme Court of the State of New York · 2005

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