Kiesow v. State
| Decision Date | 23 May 2018 |
| Docket Number | 2016–01155,Claim No. 122343 |
| Parties | Joan KIESOW, etc., appellant, v. STATE of New York, respondent. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 1060
78 N.Y.S.3d 192
Joan KIESOW, etc., appellant,
v.
STATE of New York, respondent.
2016–01155
Claim No. 122343
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 30, 2018
May 23, 2018
Ray, Mitev & Associates, Miller Place, N.Y. (Vesselin Mitev and John Ray of counsel), for appellant.
Barbara D. Underwood, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Matthew W. Grieco of counsel), for respondent.
REINALDO E. RIVERA, J.P., ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
In a claim to recover damages for personal injuries and wrongful death, the claimant appeals from an order of the Court of Claims (Stephen J. Lynch, J.), dated June 26, 2015. The order granted the defendant's motion for summary judgment dismissing the claim and denied the claimant's cross motion for summary judgment on the issue of liability and for leave to amend the claim.
ORDERED that the order is affirmed, with costs.
The claimant, on behalf of her son, commenced this claim to recover damages for personal injuries and wrongful death. The defendant moved for summary judgment dismissing the claim, and the claimant cross-moved for summary judgment on the issue of liability and for leave to amend the claim. The Court of Claims granted the defendant's motion and denied the claimant's cross motion. The claimant appeals.
" ‘[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed’ " ( Kolnacki v. State of New York, 8 N.Y.3d 277, 280, 832 N.Y.S.2d 481, 864 N.E.2d 611, quoting Lichtenstein v. State of New York, 93 N.Y.2d 911, 913, 690 N.Y.S.2d 851, 712 N.E.2d 1218 [internal quotation marks omitted] ). Court of Claims Act § 10(3) provides that a claim to recover damages for personal injuries caused by the negligence of a state employee must be filed within 90 days after the accrual of such claim, unless the claimant within such time serves a...
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