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KOLNACKI v. STATE OF NEW YORK

8 N.Y.3d 277 (2007)

864 N.E.2d 611

832 N.Y.S.2d 481

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

Court of Appeals of the State of New York.

Decided March 22, 2007.

Attorney(s) appearing for the Case

Andrew Cuomo, Attorney General, Albany (Michael S. Buskus, Caitlin J. Halligan, Daniel Smirlock, Peter H. Schiff and Kathleen M. Treasure of counsel), for appellant.

Thomas Theophilos, Buffalo, for respondent.

Chief Judge KAYE and Judges GRAFFEO, READ and SMITH concur; Judges PIGOTT and JONES taking no part.

OPINION OF THE COURT

CIPARICK, J.

The issue presented by this appeal is whether claimant Betty Kolnacki's failure to include the "total sum" of monetary damages in her claim, as required by Court of Claims Act § 11 (b), is a jurisdictional defect. We conclude that it is and that her claim must be dismissed.

Kolnacki commenced this suit seeking to recover for personal injuries sustained on July 8, 2000...

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