Fourth Department — Court of Claims: Mosley v. State of New York

Appellate Division, Fourth Department

Court of Claims

Notice of Claim — Specificity

Mosley v. State of New York
CA 13-01780
Appealed from Court of Claims

Background: After being injured in a slip and fall outside the Orleans Correctional Facility, the claimant served a Notice of Claim upon the attorney general two months after the incident. The claimant appealed from the dismissal of her action on the grounds that the document could not be considered an notice of intention to file a claim and that it failed to provide sufficient specificity as tow where the accident occurred.

Ruling: The Appellate Division reversed. The court held the document had all the hallmarks of a notice of claim against a municipality, rather than a notice of intent against the state. However, it named the  state as a respondent and alleged that the premises where the claimant fell were owned by the state. Further, the document was properly served on the attorney general. Also, the mistake in naming the place where the claim arose as the Orleans County Correctional Facility does not require dismissal of the claim.

William P. Smth Jr. of Alexander & Catalano for the claimant-appellant; Kathleen M. Treasure of the New York State Office of the Attorney General for the defendant-respondent