Smith v. State of New York, 41 N.Y.2d 1063 (1977)

A wrongful death claim against the State of New York must be filed by a duly appointed representative of the decedent’s estate within two years of the decedent’s death, and failure to do so constitutes a jurisdictional defect.

Summary

Virginia Ann Smith’s claim against the State of New York for the wrongful death of Robert Charles Kruseck, Sr., was dismissed because it was not timely filed by a proper representative. Kruseck drowned while rescuing Smith’s daughter on state land. Smith initially filed a claim as the guardian of Kruseck’s son, then in her individual capacity. After the two-year statute of limitations expired, she was appointed administratrix and filed an amended claim. The Court of Appeals held that because the original claims were invalid and the amended claim was filed after the statute of limitations, the Court of Claims lacked jurisdiction, and the State’s motion for summary judgment should have been granted.

Facts

On August 17, 1973, Robert Charles Kruseck, Sr., drowned while rescuing Virginia Ann Smith’s daughter from a pond on land recently acquired by the State through condemnation.
On November 7, 1973, Smith filed a notice of claim as the parent and natural guardian of Kruseck’s son.
On September 30, 1974, Smith filed a claim in her individual name.
On May 22, 1975, Smith moved to amend the claim to reflect her status as the mother and natural guardian of Kruseck’s son.

Procedural History

Smith filed a claim in the Court of Claims.
The State cross-moved for summary judgment, arguing Smith lacked standing because she wasn’t the appointed administratrix of Kruseck’s estate.
Smith was appointed administratrix on September 10, 1975, and filed an amended claim.
The Court of Claims denied the State’s motion for summary judgment.
The Appellate Division reversed, granting the State’s motion.
The Court of Appeals affirmed the Appellate Division’s order.

Issue(s)

Whether a wrongful death claim against the State is valid when filed by a claimant who is not a duly appointed representative of the decedent’s estate within the two-year statute of limitations prescribed by the Court of Claims Act § 10(2)?

Holding

No, because the Court of Claims Act requires that such claims be filed by an executor or administrator within two years of the decedent’s death, and failure to comply with this requirement is a jurisdictional defect.

Court’s Reasoning

The Court relied on Court of Claims Act § 10(2), which explicitly requires that wrongful death claims be filed by the executor or administrator of the decedent’s estate within two years of the death. The court emphasized that “A claim for wrongful death against the State can only be filed by a proper representative of the decedent, and the statute requires that the claim be filed within two years after the death of the decedent.”
The Court noted that Smith was not appointed administratrix until after the two-year statute of limitations had expired. Despite the State providing express notice of the statutory requirements three months before the deadline, Smith failed to obtain the appointment in time.
The Court stated, “Inasmuch as timeliness of filing is a jurisdictional prerequisite to making a claim and in this instance no legally sufficient claim was timely filed, the State’s motion for summary judgment should have been granted.”
The Court cited Lewis v. State of New York, 26 A.D.2d 878, aff’d, 25 N.Y.2d 881, to support the principle that strict compliance with the statutory filing requirements is essential for maintaining a claim against the state.