Arachy v. State of New York

In Arachy v. State of New York, 196 A.D.2d 625, the claimant served both a notice of intention and claim by regular mail. The State then served an answer asserting improper service as a defense. After consulting with defense counsel, claimants' counsel was assured that the defense would be withdrawn if the claim was re-served by certified mail. The claim was properly re-served and, when the defense was not thereafter withdrawn, a paralegal employed by claimants' counsel was again assured by the Assistant Attorney General that the manner of service defense would be withdrawn. The State moved to dismiss the claim on the grounds of improper service shortly after the applicable Statute of Limitations had expired. The Appellate Division reversed the Court of Claims decision granting the State's motion finding that "there is no question that the claimants relied upon the Assistant Attorney General's instruction with respect to the correction of the defect and refrained from acting within the limitations period because of his representations" (Arachy at p. 627).