KOLNACKI v. STATE OF NY


10 Misc.3d 781 (2005)

805 N.Y.S.2d 228

BETTY KOLNACKI, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 103121.)

Court of Claims.

March 16, 2005.


Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General (Paul Volcy of counsel), for defendant.

Cellino & Barnes, P.C. (David O. Teach of counsel), for claimant.


OPINION OF THE COURT

MICHAEL E. HUDSON, J.

Claimant filed this suit to recover for injuries sustained in a fall at Artpark on July 8, 2000. The matter proceeded to a trial of liability issues only on January 5, 6, and 26, 2004. At the commencement of trial, defendant made an oral motion to dismiss the claim for lack of subject matter jurisdiction based upon the failure to allege the amount of damages claimed,...

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