Opinion
Nos. 16766 16766A 135513 Case No. 2022-00739 2022-01089
12-01-2022
Giuliana Videla et al., Claimants-Appellants, v. The City University of New York, Defendant-Respondent.
Leeds Brown Law, P.C., Carle Place (Michael A. Tompkins of counsel), for appellants. Letitia James, Attorney General, New York (Andrea W. Trento of counsel), for respondent.
Leeds Brown Law, P.C., Carle Place (Michael A. Tompkins of counsel), for appellants.
Letitia James, Attorney General, New York (Andrea W. Trento of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Moulton, González, Higgitt, JJ.
Order of the Court of Claims of the State of New York (David A. Weinstein, J.), entered July 1, 2021, which, insofar as appealed from as limited by the briefs, granted defendant's motion to dismiss claimants' class action for failure to comply with Court of Claims Act § 11(b), and the related claims for attorneys' fees, costs, and disbursements, unanimously affirmed, without costs. Appeal from order, same court and Judge, entered January 18, 2022, unanimously dismissed, without costs, as abandoned.
The Court of Claims properly dismissed the class action claims as claimants failed to satisfy the pleading requirements found in Court of Claims Act § 11(b), which must be strictly construed (see Weaver v State of New York, 82 A.D.3d 878 [2d Dept 2011], lv dismissed 17 N.Y.3d 778 [2011], lv denied 19 N.Y.3d 804 [2012]; Moreland v State of New York, 200 A.D.3d 1362, 1363-1364 [3d Dept 2021], lv denied 38 N.Y.3d 906 [2022]). Given that dismissal, the court properly dismissed the claims for attorneys' fees, costs, and disbursements that were predicated upon the class action claims.
We have considered claimants' remaining argument that dismissal should have been preceded by notice to putative class members and find it unavailing. Claimants have otherwise abandoned their appeal from the rulings in the two Court of Claims orders.