Wharton v. City University of New York
| Citation | 287 A.D.2d 559,731 N.Y.S.2d 650 |
| Court | New York Supreme Court Appellate Division |
| Decision Date | 15 October 2001 |
| Parties | PATRICIA WHARTON, Respondent,<BR>v.<BR>CITY UNIVERSITY OF NEW YORK, Appellant. |
O'Brien, J. P., S. Miller, McGinity, Schmidt and Townes, JJ., concur.
Ordered that the order is affirmed, without costs or disbursements.
Pursuant to Court of Claims Act § 11 (b), a claim must set forth the nature of the claim and the time and place where it arose. Court of Claims Act § 11 (b) does not require "absolute exactness"; it requires a statement made with (Grumet v State of New York, 256 AD2d 441, 442 [internal quotation marks omitted]; Heisler v State of New York, 78 AD2d 767; see, Cobin v State of New York, 234 AD2d 498). However, "conclusory or general allegations of negligence that fail to [state] the manner in which the claimant was injured and how the State was negligent do not meet its requirements" (Grumet v State of New York, supra, at 442; Heisler v State of New York, supra, at 767-768). We agree with the Court of Claims that the claim satisfied the requirements of Court of Claims Act § 11 (b).
To continue reading
Request your trial
-
Sacher v. State
...with Court of Claims Act § 11 (see Rodriguez v. State of New York, 8 A.D.3d at 647, 779 N.Y.S.2d 552 ; Wharton v. City Univ. of N.Y., 287 A.D.2d 559, 560, 731 N.Y.S.2d 650 ; Grumet v. State of New York, 256 A.D.2d 441, 442, 682 N.Y.S.2d 86 ; Cobin v. State of New York, 234 A.D.2d 498, 499, ......
-
Kimball Brooklands Corp. v. State, 2017–05438
...( Morra v. State of New York, 107 A.D.3d 1115, 1115, 967 N.Y.S.2d 169 [internal quotation marks omitted]; see Wharton v. City Univ. of N.Y., 287 A.D.2d 559, 559, 731 N.Y.S.2d 650 ). However, "the claim must ‘provide a sufficiently detailed description of the particulars of the claim to enab......
-
Gabbur v. State
...( Morra v. State of New York, 107 A.D.3d 1115, 1115, 967 N.Y.S.2d 169 [internal quotation marks omitted]; see Wharton v. City Univ. of N.Y., 287 A.D.2d 559, 559, 731 N.Y.S.2d 650 ). However, "the claim must ‘provide a sufficiently detailed description of the particulars of the claim to enab......
-
Doe v. State
...the manner in which the claimant was injured and how the State was negligent do not meet... [the] requirements" section 11 (b) (Wharton, 287 A.D.2d at 560, Grumet, 256 A.D.2d at 442), and the failure to sufficiently particularize the nature of its claim constitutes a jurisdictional defect m......