Rodriguez v. State, 2003-06424.
Decision Date | 28 June 2004 |
Docket Number | 2003-06424. |
Citation | 779 N.Y.S.2d 552,8 A.D.3d 647,2004 NY Slip Op 05632 |
Parties | ESTHER RODRIGUEZ, Appellant, v. STATE OF NEW YORK, Respondent. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the claim is reinstated.
A notice of intention to file a claim pursuant to Court of Claims Act § 11 (b) must set forth the time and place the claim arose, and the nature of the claim. In describing the general nature of the claim, the notice of intention need not be exact but should provide an indication of the manner in which the claimant was injured and how the State was negligent (see Cendales v State of New York, 2 AD3d 1165, 1167 [2003]; Sega v State of New York, 246 AD2d 753, 755 [1998]; Heisler v State of New York, 78 AD2d 767, 767-768 [1980]), or enough information so that "how the State was negligent can be reasonably inferred" (Ferrugia v State of New York, 237 AD2d 858, 859 [1997]) . It must contain (Grumet v State of New York, 256 AD2d 441, 442 [1998], quoting Heisler v State of New York, supra).
Here, the amended notice of intention to file a claim stated that "the wrongful death of Gregory Darby occurred . . . as a result of the negligence of the State of New York as follows: . . . [t]reatment for his condition of congestive heart and the injuries herein sustained took place . . . at DOWNSTATE CORRECTIONAL FACILITY and/or its medical facilities intermittently, upon information and belief from August 1998 through September, 1998." A similar statement was made with respect to treatment received at "THE NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, DIVISION OF...
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