AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STEPHEN FLYNN, ET AL., appellants, v. CITY UNIVERSITY OF NEW YORK AT BROOKLYN COLLEGE, ET AL., respondents. (Claim No. 99588).

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The requirements of Court of Claims Act § 11 are jurisdictional and must be strictly construed. Failure to comply with the service requirements therein results in a lack of jurisdiction ( see Finnerty v. New York State Thruway Auth., 75 N.Y.2d 721; Martinez v. State of New York, 282 A.D.2d 580; Pagano v. New York State Thruway Auth., 235 A.D.2d 408). The claimants failed to serve a copy of the claim upon the defendant City University of New York at Brooklyn College (hereinafter CUNY), in addition to the Attorney-General, within the time limitations contained in Court of Claims Act § 10 ( see Brinkley v. City Univ. of N.Y., 92 A.D.2d 805, 806). Accordingly, jurisdiction was not acquired over CUNY. Contrary to the claimants' contention, CUNY did not waive this defense, since it was raised with particularity in the defendants' answer ( see Court of Claims Act § 11[c]).

SANTUCCI, J.P., SMITH, LUCIANO and ADAMS, JJ., concur.

Use AI to get other relevant cases.

Comments

FLYNN v. CITY UNIV., N.Y., BROOKLYN COLL
(Apr 26, 2004)