New York State Court of Claims

New York State Court of Claims

FRIEDMAN v. THE STATE OF NEW YORK, #2007-044-563, Claim No. 113343, Motion No. None


Synopsis


Court dismissed claim for gender discrimination sua sponte for failure to comply with jurisdictional requirement set forth in CCA § 11(b) that a sum certain be specifically set forth in claim

Case Information

UID:
2007-044-563
Claimant(s):
ALICE G. FRIEDMAN
Claimant short name:
FRIEDMAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113343
Motion number(s):
None
Cross-motion number(s):

Judge:
CATHERINE C. SCHAEWE
Claimant’s attorney:
LAW OFFICE OF RONALD R. BENJAMINBY: Ronald R. Benjamin, Esq., of counsel
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERALBY: Carol A. Cocchiola, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
August 23, 2007
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Claimant filed Claim No. 113343 on February 20, 2007, alleging that she has been subjected to gender discrimination in her position as an Associate Professor of Psychology at the State University of New York at Binghamton. On March 21, 2007, the parties agreed to extend the time in which defendant State of New York (defendant) was required to answer the claim or to make a pre-answer motion to dismiss. On March 22, 2007, the Court of Appeals decided the case of Kolnacki v State of New York (8 NY3d 277 [2007]), and specifically held that the failure to include the total sum of monetary damages within a claim was a jurisdictional defect that required dismissal of the claim.[1] Claimant readily admits, and a review of the claim confirms, that she did not include the total sum claimed as required by Court of Claims Act § 11 (b). Accordingly, Claim No. 113343, being jurisdictionally defective, is hereby dismissed (see Kolnacki v State of New York, 8 NY3d 277 [2007]).[2]


August 23, 2007
Binghamton, New York

HON. CATHERINE C. SCHAEWE
Judge of the Court of Claims




[1]. Although the Governor has approved a bill passed by the New York State Legislature which would remove the jurisdictional requirement that a sum certain be stated, it is applicable only to personal injury, medical, dental, or podiatric malpractice, or wrongful death actions (Court of Claims § 11 [b], as amended by L 2007, ch 606). Accordingly, that legislation has no relevance to this proceeding.
[2]. In light of the Kolnacki decision, claimant has also moved for permission to file a late claim pursuant to Court of Claims Act § 10 (6). That motion will be addressed in a separate decision and order.