City of New York v. Port Authority of New York and New Jersey

• Decision Date: 14 June 2001
• Citation: 726 N.Y.S.2d 261,284 A.D.2d 195
• Parties: CITY OF NEW YORK, Appellant,<BR>v.<BR>PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.
• Court: New York Supreme Court — Appellate Division

284 A.D.2d 195

726 N.Y.S.2d 261

CITY OF NEW YORK, Appellant,

v.PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Respondent.

Decided June 14, 2001.

Concur — Williams, J. P., Mazzarelli, Andrias, Lerner and Saxe, JJ.

Supreme Court properly dismissed the complaint for lack of subject matter jurisdiction since plaintiff failed to comply with the specific requirements for a notice of claim against a State agency (see, McKinney's Uncons Laws of NY § 7108 [L 1950, ch 301, § 8, as amended]; Patel v Port Auth., 184 AD2d 235). Although plaintiff urges that it substantially complied with the applicable notice of claim requirements, substantial compliance is insufficient. A proper notice of claim is a jurisdictional prerequisite of a suit against a State agency and, accordingly, defects in a notice of claim served upon a State agency may not be judicially waived where, as here, there is no statutory authority for such waiver (see, id.).