Opinion
2003-03675.
Decided April 26, 2004.
In a claim to recover damages for personal injuries, etc., the appeal is from an order of the Court of Claims (Waldon, J.), dated March 3, 2003, which, inter alia, granted that branch of the defendants' motion, in effect, pursuant to CPLR 3211(a)(8) which was to dismiss the claim insofar as asserted against the defendant City University of New York at Brooklyn College.
Joseph Edward Brady, P.C., Howard Beach, N.Y., for appellants.
Eliot Spitzer, Attorney-General, Albany, N.Y. (Patrick Barnett-Mulligan and Andrea Oser of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
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.