Patel v. Port Auth. of New York New Jersey

Full title: DILIPBHAI V. PATEL, Appellant, v. PORT AUTHORITY OF NEW YORK AND NEW…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 4, 1992

184 A.D.2d 235 (N.Y. App. Div. 1992)

Opinion

June 4, 1992

Appeal from the Supreme Court, New York County (Diane A. Lebedeff, J.).

We agree with the IAS court that the letter plaintiff relies on does not comport with the specific requirements for a notice of claim as against a State agency (McKinney's Uncons Laws of N Y § 7108 [L 1950, ch 301, § 8, as amended]), and that since a court may not waive jurisdictional defects in the service of a notice of claim in the absence of statutory authority (Luciano v Fanberg Realty Co., 102 A.D.2d 94, 98), the action must be dismissed. Moreover, plaintiff's failure to serve the complaint within 20 days after defendant's demand therefor (CPLR 3012 [b]), or within one year after accrual of his cause of action (Trippe v. Port of N.Y. Auth., 14 N.Y.2d 119, 124) is additional grounds for dismissal.

Concur — Sullivan, J.P., Milonas, Rosenberger, Wallach and Ross, JJ.