New York State Court of Claims

New York State Court of Claims

TURNER v. THE STATE OF NEW YORK, #2007-038-564, Claim No. 111148, Motion No. M-73537


Synopsis


Bailment claim dismissed for failure to state total sum claimed (Court of Claims Act § 11[b]; Kolnacki v State of New York, 8 NY3d 277 [2007])

Case Information

UID:
2007-038-564
Claimant(s):
EUGENE TURNER
Claimant short name:
TURNER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111148
Motion number(s):
M-73537
Cross-motion number(s):

Judge:
W. BROOKS DeBOW
Claimant’s attorney:
EUGENE TURNER, Pro se
Defendant’s attorney:
ANDREW M. CUOMO, Attorney General of the State of New York
Paul F. Cagino, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 1, 2007
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Claimant, an inmate incarcerated at Auburn Correctional Facility, has filed and served this claim, seeking damages for property allegedly lost by corrections officers concomitant to claimant’s transfer from Franklin Correctional Facility to Southport Correctional Facility. Defendant moves to dismiss the claim on jurisdictional grounds because the claim does not state “the total sum claimed” (see Court of Claims Act § 11[b]). Claimant has not submitted opposition to the motion. The claim alleges that several specific personal items were missing when claimant viewed his property, which had been packed by corrections officers. However, on its face, the claim does not state the value of those items or a sum that is claimed to compensate claimant for their loss. In Kolnacki v State of New York (8 NY3d 277 [2007]) and Lepkowski v State of New York (1 NY3d 201 [2003]), the Court of Appeals has stated that Court of Claims Act § 11(b) requires that, as a jurisdictional pleading requirement, “the total amount of damages must be specified” (Kolnacki at 281; see Lepkowski at 209). Although Court of Claims Act § 11(b) was recently amended to remove this pleading requirement from certain types of claims (see L 2007, ch 606), it remains applicable to claims for loss of personal property. Accordingly, the instant claim is jurisdictionally defective and must be dismissed.

October 1, 2007
Albany, New York

HON. W. BROOKS DEBOW
Judge of the Court of Claims


Papers considered
:


(1) Claim, filed July 15, 2005;

(2) Notice of Motion to Dismiss, dated June 6, 2007;

(3) Affirmation of Paul F. Cagino, AAG, dated June 6, 2007, with exhibits A-B;

(4) Affidavit of Service of Motion, sworn to June 6, 2007.