Small Claims Procedure
|Policy Number||Policy Owner|
|October 2006||2.0||Major Revisions|
The State University of New York, being a State agency, does not carry liability insurance. However, a procedure has been developed for handling small claims. The procedure involves:
A claim and Release Form to be completed by the claimant, (4 copies of each form needs to be filled out and notarized for claims less than $250.00; and 5 copies of each form needs to be filled out and notarized for claims more than $250.00) detailing the nature of the claim;
An investigation and sworn statement by the College President or his/her designee, after which it is sent to the University Counsel's Office in Albany for processing.
If a claim is rejected, it does not preclude a person from seeking legal redress by filing a claim in the Court of Claims for recovery of damages. In either case, payment will be based upon negligence, if any, on the part of the College or College employee. The damage should not be caused by "an act of God" or other accidental occurrence which does not involve fault or breach of duty by a State officer or employee. The individual causing the damage should be an officer or employee of the State of New York, not an independent contractor. The State is not obligated to pay replacement value for damaged personal property (with the exception of jewelry and other special items such as antiques) and the Attorney General will disapprove any small claim that does not reflect a reasonable amount of depreciation. When processing small claims for the cost of repairing damaged property such as automobiles, the Attorney General requires two estimates for repairs.
The small claim procedure permits recovery for damages up to the sum of $5,000.00.
The Court of Claims Act requires filing of a claim or notice of intention to file a claim against the State within 90 days after the incident. Claim and release notices may be obtained from Management Services located in the Kehoe building, 518-564-2539.
Note: This small claim procedure may be used only by claimants age 18 or older. Persons under age 18 may sue the State in the Court of Claims, in accordance with the procedure of the Court of Claims Act.
For questions about the Campus Handbook, please contact:
Management Services Office
Office: Kehoe 710-11
Phone: (518) 564-2538
Fax: (518) 564-2540