New York State Court of Claims

New York State Court of Claims

COHEN v. THE STATE OF NEW YORK , #2006-033-199, Claim No. 111355, Motion No. M-71724


Synopsis



Case Information

UID:
2006-033-199
Claimant(s):
EZRA COHEN
Claimant short name:
COHEN
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111355
Motion number(s):
M-71724
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Ezra Cohen, Pro Se
Defendant’s attorney:
Eliot Spitzer, New York State Attorney GeneralBy: Todd A. Schall, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
September 27, 2006
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim for property damages to the motor vehicle of Ezra Cohen (hereinafter “claimant”) as the result of a motor vehicle accident on June 11, 2005, in Lawrence, New York. Claimant served his claim upon the defendant on September 19, 2005.


Defendant moves this Court to dismiss the claim, stating it was not timely served and filed pursuant to Court of Claims Act §§ 10 and 11[1].

The requirements of the Court of Claims Act are jurisdictional in nature and must be strictly construed (Lurie v State of New York, 73 AD2d 1006, aff’d 52 NY2d 849). The purpose of these requirements is to give the State prompt notice of an occurrence and an opportunity to investigate the facts and prepare a defense. It is well settled that if the filing is not timely then the claim is subject to dismissal (Greenspan Bros. v State of New York, 122 AD2d 249). Court of Claims Act §10(3) states that the claim or notice of intention should be filed within 90 days of the date of accrual. If a notice of intention is served upon the Attorney General’s office, then claimant must serve and file his claim within two years of the date the claim accrued.

In the instant matter, the claim was not served upon the Attorney General’s office until after the 90 days from the date of the accident had occurred.

Therefore, the Court grants defendant’s request to dismiss the claim for claimant’s failure to timely serve and file the claim. The Clerk of the Court is directed to close the file.


September 27, 2006
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on defendant’s motion: Notice of Motion dated May 12, 2006 and filed May 17, 2006; Affirmation in Support of Todd A. Schall, Esq. with annexed Exhibit A dated May 12, 2006 and filed May 17, 2006.