New York State Court of Claims

New York State Court of Claims

SAWYER v. THE STATE OF NEW YORK, #2007-015-237, Claim No. 113542, Motion Nos. M-73435, CM-73440


Synopsis


Pre-answer motion to dismiss for failure to state the total sum claimed was denied. Claimant allegedly suffered personal injuries when he was assaulted, detained, falsely arrested, maliciously prosecuted and deprived of his civil rights. As Court of Claims Act § 11 (b) no longer requires that the total sum claimed be stated in an action for personal injuries, the motion was denied.

Case Information

UID:
2007-015-237
Claimant(s):
RALPH SAWYER
Claimant short name:
SAWYER
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113542
Motion number(s):
M-73435
Cross-motion number(s):
CM-73440
Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Brennan & White, LLPBy: Daniel J. Stewart, Esquire
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Glenn C. King, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 1, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The defendant's pre-answer motion to dismiss the instant claim pursuant to Court of Claims Act § 11(b) for failure to state the total sum claimed is denied and the claimant's cross-motion for late claim relief pursuant to Court of Claims Act § 10 (6) is denied as unnecessary. The claim filed on April 6, 2007 alleges that the claimant suffered personal injuries on January 11, 2007 when he was assaulted, detained, falsely arrested, maliciously prosecuted and deprived of his civil rights by members of the New York State Police. No sum claimed is stated.

Court of Claims Act § 11 (b) was recently amended (L 2007, ch 606, § 1), retroactively abrogating Kolnacki v State of New York (8 NY3d 277 [2007]) which held that the failure to state the total sum claimed was a jurisdictional defect requiring dismissal of the claim (see Sinclair v State of New York, 43 AD3d 1144, [2007]. This section now states in pertinent part:
"The claim shall state the time when and place where such claim arose, the nature of same, the items of damage or injuries claimed to have been sustained and, except in an action to recover damages for personal injury, medical, dental or podiatric malpractice or wrongful death, the total sum claimed. . ." (emphasis added).
As the statute now makes clear, the total sum claimed need not be stated in an action for personal injuries.

Accordingly, the defendant's motion to dismiss the instant claim is denied and the claimant's cross-motion to late file a claim is denied as unnecessary.


October 1, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated May 10, 2007;
  2. Affirmation of Glenn C. King dated May 10, 2007;
  3. Notice of cross-motion dated May 21, 2007;
  4. Affidavit of Daniel J. Stewart sworn to May 21, 2007 with exhibits;
  5. Affirmation of Glenn C. King dated June 20, 2007.