Opinion
2022–02751 Claim No. 136595
12-21-2022
Stephanie WEICHSEL, appellant, v. STATE of New York, respondent.
Powers & Santola, LLP, Albany, NY (Kelly C. Wolford and Michael Hutter of counsel), for appellant. Letitia James, Attorney General, New York, NY (Ester Murdukhayeva and Stephen J. Yanni of counsel), for respondent.
Powers & Santola, LLP, Albany, NY (Kelly C. Wolford and Michael Hutter of counsel), for appellant.
Letitia James, Attorney General, New York, NY (Ester Murdukhayeva and Stephen J. Yanni of counsel), for respondent.
COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, PAUL WOOTEN, JJ.
DECISION & ORDER In a claim, inter alia, to recover damages for negligence, the claimant appeals from an order of the Court of Claims (Catherine E. Leahy–Scott, J.), dated February 17, 2022. The order granted that branch of the defendant's motion which was, in effect, pursuant to CPLR 3211(a)(2) to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b).
ORDERED that the order is affirmed, with costs.
In July 2021, the claimant filed a claim against the State of New York, inter alia, to recover damages for negligence, alleging that she was sexually abused by a New York State Trooper from approximately 1999 to 2003. Thereafter, the State moved, inter alia, in effect, pursuant to CPLR 3211(a)(2) to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b). The claimant opposed the State's motion. By order dated February 17, 2022, the Court of Claims granted that branch of the State's motion, determining that the claimant failed to adequately set forth the time when the claim accrued. The claimant appeals.
Court of Claims Act § 11(b) requires a claim to specify "(1) ‘the nature of [the claim]’; (2) ‘the time when’ it arose; (3) the ‘place where’ it arose; (4) ‘the items of damage or injuries claimed to have been sustained’; and (5) ‘the total sum claimed’ " ( Lepkowski v. State of New York, 1 N.Y.3d 201, 207, 770 N.Y.S.2d 696, 802 N.E.2d 1094, quoting Court of Claims Act § 11[b] ). " ‘[B]ecause suits against the State are allowed only by the State's waiver of sovereign immunity and in derogation of the common law, statutory requirements conditioning suit must be strictly construed’ " ( Lichtenstein v. State of New York, 93 N.Y.2d 911, 913, 690 N.Y.S.2d 851, 712 N.E.2d 1218, quoting Dreger v. New York State Thruway Auth., 81 N.Y.2d 721, 724, 593 N.Y.S.2d 758, 609 N.E.2d 111 ). "[A]bsolute exactness is not required" ( Morra v. State of New York, 107 A.D.3d 1115, 1115, 967 N.Y.S.2d 169 [internal quotation marks omitted]; see Kimball Brooklands Corp. v. State of New York, 180 A.D.3d 1031, 1032, 121 N.Y.S.3d 129 ). However, "the claim must ‘provide a sufficiently detailed description of the particulars of the claim to enable [the State] to investigate and promptly ascertain the existence and extent of its liability’ " ( Morra v. State of New York, 107 A.D.3d at 1115–1116, 967 N.Y.S.2d 169, quoting Robin BB. v. State of New York, 56 A.D.3d 932, 932, 867 N.Y.S.2d 284 [internal quotation marks omitted]).
Here, the claim alleged that the acts of sexual abuse occurred over a four-year period from "on or about and between approximately 1999 and 2003." These allegations fall short of satisfying the pleading requirements of Court of Claims Act § 11(b) (see Gabbur v. State of New York, 202 A.D.3d 761, 762, 158 N.Y.S.3d 847 ; Morra v. State of New York, 107 A.D.3d at 1115–1116, 967 N.Y.S.2d 169 ; Robin BB. v. State of New York, 56 A.D.3d at 932–933, 867 N.Y.S.2d 284 ). Accordingly, the Court of Claims properly granted that branch of the State's motion which was, in effect, pursuant to CPLR 3211(a)(2) to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b).
The State's remaining contentions need not be reached in light of our determination.
DUFFY, J.P., CHAMBERS, MALTESE and WOOTEN, JJ., concur.