Tralongo v. State
Opinion of the Court
In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Blinder, J.), dated April 11, 1989, which denied its motion for leave to serve an amended verified answer asserting the defense of lack of personal jurisdiction.
Ordered that the order is affirmed, with costs.
Assuming, arguendo, that the service of the claim upon the Attorney-General by ordinary mail in contravention of Court of Claims Act § 11 gave rise to a defect in personal jurisdiction (see, Reed v State of New York, 147 AD2d 767; Thomas v State of New York, 144 AD2d 882; Baggett v State of New York, 124 AD2d 969; but see, Finnerty v New York State Thruway Auth., 75 NY2d 721; Mingues v State of New York, 146 Misc 2d 412), we find unpersuasive the State’s contention that the court improperly denied its motion for leave to amend its answer to
While we have no occasion on this appeal to pass upon the applicability of the recent decision in Finnerty v New York State Thruway Auth. (75 NY2d 721, supra) to the facts of this case, we note that the State, if it be so advised, remains free to seek any relief in the Court of Claims to which it deems itself entitled under that decision. Thompson, J. P., Bracken, Sullivan and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.