New York State Court of Claims

New York State Court of Claims

RAMESES v. THE STATE OF NEW YORK, #2008-033-290, Claim No. 114047, Motion No. M-74144


Synopsis


Motion by claimant to amend claim to add ad damnum clause denied as moot as no longer a required element in a claim.

Case Information

UID:
2008-033-290
Claimant(s):
WILLIAM RAMESES
Claimant short name:
RAMESES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114047
Motion number(s):
M-74144
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
William Rameses, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney General
Third-party defendant’s attorney:

Signature date:
June 25, 2008
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim brought by William Rameses (hereinafter "claimant") due to the alleged negligence of the defendant, the State of New York (hereinafter “State”). The alleged negligence occurred on May 28, 2007 at Ulster Correctional Facility, Napanoch, New York.

Claimant moves to amend the claim to include an ad damnum clause[1].

The motion is denied as moot. Previously, the failure to include an ad damnum clause was a jurisdictional defect in a claim (Kolnacki v State of New York, 8 NY3d 277). Since that decision, the legislature proposed an amendment to the Court of Claims Act which would no longer require the ad damnum clause to be a necessary element to include in a claim. The Governor signed the amendment into law on August 15, 2007.

.


June 25, 2008
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Affidavit in Support of Motion of William Rameses with annexed Exhibits sworn to October 19, 2007 and filed October 25, 2007.