New York State Court of Claims

New York State Court of Claims

BRADY v. THE STATE OF NEW YORK, #2007-044-573, Claim No. 112444, Motion No. M-73413


Synopsis


Motion to dismiss personal injury case for failure to state a sum certain in the claim, pursuant to Kolnacki v State of New York, denied as moot due to recent legislative enactment removing this jurisdictional requirement in certain types of actions, including personal injury claims.

Case Information

UID:
2007-044-573
Claimant(s):
MICHAEL BRADY
Claimant short name:
BRADY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112444
Motion number(s):
M-73413
Cross-motion number(s):

Judge:
CATHERINE C. SCHAEWE
Claimant’s attorney:
ASHER & ASSOCIATES, P.C.BY: Stacy N. Baden, Esq., of counsel
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERALBY: Joseph F. Romani, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
September 13, 2007
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Defendant State of New York (defendant) moves for dismissal of the claim herein for failure to state a total sum claimed. This motion is made in light of the Court of Appeals' decision in Kolnacki v State of New York (8 NY3d 277 [2007]), in which that Court held that claimant's failure to include a total sum of monetary damages in the claim, as required by Court of Claims Act § 11 (b), constituted a jurisdictional defect. Claimant submitted no opposition to the motion. While the motion was pending, however, the requirement set forth in Court of Claims Act § 11 (b) that a total amount claimed be stated in the claim has been amended (L 2007, ch 606) to provide that a sum certain is not required to be stated in the claim in personal injury, medical, dental or podiatric malpractice, or wrongful death suits. The amended law is applicable by its terms to claims pending on the effective date of the law, and is thus dispositive of the motion herein.

Because the underlying claim in this action is based on personal injury resulting from defendant's alleged medical malpractice and negligence, a total sum claimed is not required to be stated in the claim pursuant to the amended provisions of Court of Claims Act § 11 (b). Accordingly, defendant's Motion No. M-73413 to dismiss the claim for failure to state a sum certain is denied.

September 13, 2007
Binghamton, New York

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


The following papers were read on defendant’s motion:

1) Notice of Motion filed on May 17, 2007; Affirmation of Joseph F. Romani, AAG, dated May 15, 2007, and attached Exhibits A through E.


Filed papers: Claim filed on June 16, 2006; Verified Answer filed on August 2, 2006.