Dreger v. New York State Thruway Authority
New York Court of Appeals
81 N.Y.2d 721, 593 N.Y.S.2d 758, 609 N.E.2d 111 (1992)
- Written by Steven Pacht, JD
Facts
Claimants (plaintiffs) against either New York (state) or the New York State Thruway Authority (thruway authority) (collectively, defendants) failed to serve a copy of their claims on the New York attorney general, as required by § 11 of the Court of Claims Act. In the Dreger case, the claimant served the thruway authority but not the attorney general. In the Charbonneau and Dalton cases, the claimants mailed their claims to the attorney general but did not do so by certified mail per the act’s mandate. Due to these service failures, the claimants’ suits were dismissed and were then time-barred. The claimants requested permission pursuant to § 10(6) of the act and § 205(a) of the Civil Practice Law and Rules (CPLR) to recommence their actions, contending that their initial suits were timely commenced. The state and the thruway authority opposed the claimants’ requests.
Rule of Law
Issue
Holding and Reasoning ()
Dissent (Kaye, J.)
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