Tuesday, December 27, 2011

A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim

A notice of claim served on a public entity must set out the basis for the claim sufficient for it to investigate the claim
Miller v City of New York, 2011 NY Slip Op 08495, Appellate Division, First Department

In cases where the conduct complained encompasses a New York City Department of Education’s employee’s scope of his or her public employment, a notice of claim in accordance with Education Law § 3813[2] and General Municipal Law § 50-i is required as a condition precedent to commencing an action against the employee of the New York City Department of Education [DOE].

In an action that, in effect, claimed a tortious interference with contractual rights, the Appellate Division that Adam Miller did, in fact, filed a notice of claim which described in detail the time, place and manner of the conduct by DOE’s employee that allegedly interfered with his tenure rights and continued employment with the DOE, as well as his ability to enter into employment with other schools.

Citing DeLeonibus v Scognamillo, 183 AD2d 697, the Appellate Division said that although Miller had not used the words "tortious interference with contract," a notice of claim does not have to set forth a precise legal theory of recovery.

All that is required is that the notice of claim described in “sufficient detail the time, place and manner of the occurrence and a plaintiff's damages to advise the City of the basis for the claim so as to provide it with an opportunity to investigate” the allegations.

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