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The form of the Notice of Claim used and the law cited in it is for SUING A MUNICIPALITY- NOT THE STATE. You need a NOTICE OF INTENTION TO FILE A CLAIM. General Muncial law has nothing to do with suing the State of NY.
ARFCOM suing New York. Just reading the claim, we are looking at yet another “throw everything at the wall” lawsuit. Ill advised.
The NY AG felt better reading this, I assure you.
Small and direct. Not wide and dispersed.
Example: Alan Gura got in and out of the Federal District and Appeals courts (with a major win) in less time than the NRA has spent getting through discovery on a similar “everything” suit in Illinois.
Pick the big constitutional question and hammer it home. Smartly played (like Gura), the result of that one question will bridge the other ones. Note how his case was used to get another win from the Appeals Court that would force Shall-Issue on Illinois.
Goid advice. These guys will never get to discovery if they don’t learn how to properly proceed. Treating it like a trip and fall case. No suit has been filed. Just an irrelevant notice of claim that doesn’t apply to the state. Cuomo’s lawyers are laughing at this.
Not to mention – no personal plaintiffs? no individuals who had their rights infringed? Mr. Gura wins through compelling narratives – but four nonprofit organizations or corporations don’t make for good narratives.
Patrick – in McDonald Gura urged the Court to overturn a case that was more than a century old and radically change constitutional jurisprudence. The Court declined to adopt his theory, but he won on an alternate theory.