Opinion
March 25, 1985
Appeal from the Court of Claims (Lengyel, J.).
Order reversed, on the law, with costs, appellant's motion granted, and claim dismissed as to it.
On July 25, 1980, claimant herein filed a notice of intention to file a claim alleging that he was slandered on June 28, 1980. The claim itself was not filed until June 25, 1982, and it was therefore barred by the Statute of Limitations (CPLR 215; Trayer v. State of New York, 90 A.D.2d 263, 268). The Court of Claims treated claimant's notice of intention to file a claim as a claim. However, the notice of intention should not have been so treated because the particular words complained of were not set forth therein and, therefore, that notice did not set forth a cause of action (CPLR 3016 [a]; Kahn v. Friedlander, 90 A.D.2d 868, 869; Kilbourne v. State of New York, 111 Misc.2d 161, 166). Mangano, J.P., Gibbons, Brown and Lawrence, JJ., concur.