New York State Court of Claims

New York State Court of Claims

BEDNOSKI v. STATE OF NEW YORK, #2007-045-016, Claim No. 113269, Motion Nos. M-73287, M-73527, CM-73445


Synopsis



Case Information

UID:
2007-045-016
Claimant(s):
CORINNE BEDNOSKI and JOHN BEDNOSKI
Claimant short name:
BEDNOSKI
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113269
Motion number(s):
M-73287, M-73527
Cross-motion number(s):
CM-73445
Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Dell & Little, LLPBy: Jennifer J. Bock
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Denis J. McElligott and Kimberly A. Kinirons, Assistant Attorneys General
Third-party defendant’s attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were reviewed by the Court on these motions: Defendant’s Notice of Motion to Dismiss the Claim, Defendant’s Affirmation in Support of Motion to Dismiss the Claim with annexed Exhibit A, Defendant’s Memorandum of Law in Support of the Motion to Dismiss, Claimants’ Notice of Cross Motion for Leave to Amend the Claim, Claimants’ Affirmation in Support of the Cross Motion with Annexed Exhibits A-C, Defendant’s Affirmation in Opposition to Motion to Amend Claim, Claimants’ Reply Affirmation with Exhibit A, Claimants’ Notice of Motion to File a Late Claim, Claimants’ Affirmation in Support with Annexed Exhibits A-E, Defendant’s Affirmation in Opposition to Motion to File a Late Claim with Annexed Exhibit 1, Claimants’ Reply Affirmation, the filed Claim and the filed Answer. Defendant, the State of New York, has brought a motion (M-73287) pursuant to Civil Practice Law and Rules 3212 and Court of Claims Act § 11(b) seeking an order dismissing the claim. In response, claimants, Corinne Bednoski and John Bednoski, have submitted a cross-motion (CM-73445) seeking leave to file an amended claim in this action. Claimants have also filed a motion (M-73527) pursuant to Court of Claims Act § 10(6) seeking permission to file a late claim in this matter.

Claimants allege in their claim that claimant Corinne Bednoski, was injured while driving her motor vehicle on County Road 48 due to, inter alia, defendant’s negligent maintenance of the roadway. Defendant is seeking a dismissal of the claim due to claimants’ omission of a total sum claimed from the filed claim which at the time would have been in contravention of the requirements set forth in Court of Claims Act § 11(b). Claimants merely recited in their claim that:
“The Claimants have been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction herein.”

However, Court of Claims Act § 11(b) has recently been amended, in relevant part, to eliminate the requirement in personal injury actions that a claim state the total sum claimed. Consequently, defendant’s motion (M-73287) to dismiss the claim for lack of jurisdiction due to claimants’ failure to include a total sum of monetary damages in the claim is denied.

Claimants’ cross-motion (CM-73445) to amend the claim to include a monetary sum is granted. Accordingly, claimants are directed to serve and file the amended claim, exactly as it appears in claimants’ Exhibit C, within 30 days from the date this Decision and Order is filed. Lastly, claimants’ motion (M-73527) for permission to file a late claim so as to set forth a total sum of monetary damages is denied as moot.



August 23, 2007
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims