New York Court of Appeals
Walter Dreger v. New York State Thruway Authority, Respondent Patricia Charbonneau, as Administratrix of the Estate…
December 16, 199281 N.Y.2d 721
Summary
The Court of Appeals affirmed the Appellate Division orders dismissing the claims because the plaintiffs failed to serve the Attorney-General as required by Court of Claims Act § 11, meaning the actions were not timely commenced and therefore not eligible for recommencement under CPLR 205(a). Judge Kaye dissented, arguing that the statutory purpose of CPLR 205(a) should allow recommencement despite the service defect.