Boyle v. Kelley, 42 N.Y.2d 88 (1977)

A replevin action against a county to recover property seized pursuant to a warrant is subject to the notice of claim requirements of the County Law, even if the underlying criminal charges are dismissed.

Summary

This case addresses whether a plaintiff must file a notice of claim before bringing a replevin action against a county to recover money seized during a criminal investigation, after the charges were dismissed. The Court of Appeals held that the notice of claim requirement applies. The court reasoned that the County Law’s broad language encompasses claims for the invasion of property rights, regardless of whether the action is framed as legal or equitable. Failure to file a notice of claim mandates dismissal of the complaint. This decision reinforces the importance of adhering to statutory prerequisites when suing governmental entities.

Facts

Donald J. Boyle was arrested and charged with gambling offenses after police seized $14,960.35 from his apartment pursuant to a warrant. The search was invalidated as to Donald, and the evidence suppressed. Donald J. Boyle died, and the charges against him were dismissed. The administrator of Boyle’s estate then sought to recover the seized money from the Suffolk County Police Commissioner. The administrator filed a summons and complaint seeking return of the funds plus interest but did not file a notice of claim.

Procedural History

The administrator of Boyle’s estate moved for the return of the money, which was initially withdrawn pending appointment of an administrator. After being appointed, the administrator commenced an action against the Police Commissioner without filing a notice of claim. Special Term granted the administrator’s motion for summary judgment, finding wrongful detention. The Appellate Division affirmed, relying on equitable grounds. The Court of Appeals reversed, holding that the notice of claim requirement applied and that the failure to comply required dismissal of the complaint.

Issue(s)

Whether a replevin action against a county for the return of money seized pursuant to a warrant, following the dismissal of criminal charges, requires the plaintiff to file a notice of claim under Section 52 of the County Law.

Holding

Yes, because Section 52 of the County Law requires a notice of claim for any claim against a county for the invasion of property rights, regardless of whether the action is characterized as legal or equitable.

Court’s Reasoning

The Court of Appeals rejected the Appellate Division’s reliance on equitable principles to circumvent the notice of claim requirement. The court stated that an equitable action is inappropriate where an adequate remedy at law exists, such as replevin or an Article 78 proceeding. More importantly, the court emphasized the broad language of Section 52(1) of the County Law, which mandates a notice of claim for “any claim…for invasion of personal or property rights…and any other claim for damages arising at law or in equity.” The court found that this language encompasses the administrator’s claim for the return of the seized money. The Court stated: “Any claim or notice of claim against a county for damage, injury or death, or for invasion of personal or property rights, of every name and nature, and whether casual or continuing trespass or nuisance and any other claim for damages arising at law or in equity, alleged to have been caused or sustained in whole or in part by or because of any misfeasance, omission of duty, negligence or wrongful act on the part of the county, its officers, agents, servants or employees, must be made and served in compliance with section fifty-e of the general municipal law.” The failure to file a notice of claim as required by statute was deemed fatal to the plaintiff’s case, warranting reversal and dismissal.