KOLNACKI v. STATE


28 A.D.3d 1176 (2006)

816 N.Y.S.2d 249

BETTY KOLNACKI, Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 103121.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 28, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is denied and the claim is reinstated.

Memorandum:

Claimant commenced this action seeking damages for injuries she sustained when she slipped and fell on property owned by defendant. The Court of Claims erred in granting defendant's motion to dismiss the claim based on claimant's failure to set forth the "total sum claimed" in accordance...

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