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Sinski v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 319 (N.Y. App. Div. 1999)

Opinion

Argued June 14, 1999

October 4, 1999

In a claim to recover damages for personal injuries, the claimant appeals from an order of the Court of Claims (Silverman, J.).


ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the claim is reinstated.

The claimant was injured when she proceeded in her car into an intersection and was struck by a car traveling along the road perpendicular to the claimant's route. The claimant alleged that the defendant had negligently failed to install adequate warning signs. road markings, or traffic lights at the intersection, even though there had been frequent accidents at the site.

Pursuant to Court of Claims Act § 11 (b), a notice of intention to file a claim and a claim must set forth, inter alia, the "place where such claim arose" and "the nature of same". The purpose of the § 11 (b) pleading requirements is to 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 ( see, Sheils v. State of New York, 249 A.D.2d 459: Sega v. State of New York, 246 A.D.2d 753). The gravamen of the claim is that the defendant was negligent in maintaining the intersection in a dangerous condition and in failing to warn motorists of the danger. Given the nature of the claim, the description of the location of the occurrence was sufficient to enable the State to investigate the occurrence and determine its liability, if any ( see, Ferrugia v. State of New York, 237 A.D.2d 858, 859: cf., Cobin v. State of New York, 234 A.D.2d 498).

ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.


Summaries of

Sinski v. State of New York

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 319 (N.Y. App. Div. 1999)
Case details for

Sinski v. State of New York

Case Details

Full title:TERESA ANN SINSKI, appellant, v. STATE OF NEW YORK, respondent

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

Date published: Oct 4, 1999

Citations

265 A.D.2d 319 (N.Y. App. Div. 1999)
696 N.Y.S.2d 70

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