Legal Opinion
Kolnacki v. State
New York Court of Appeals
Decided March 22, 2007No. Claim No. 103121PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The issue presented by this appeal is whether claimant Betty *279Kolnacki’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 as the result of a slip and fall at Artpark — a park in Western New York with outdoor theater facilities. Her claim indicates that she fractured her left patella and suffered dental damage, as well…
2Cases cited9 opinions
- Lepkowski v. State of NYNew York Court of Appeals · 2003
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Lichtenstein v. StateNew York Court of Appeals · 1999
- Long v. State of New YorkNew York Court of Appeals · 2006
- People v. MoquinNew York Court of Appeals · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Morra v. StateAppellate Division of the Supreme Court of the State of New York · 2013
- Kimball Brooklands Corp. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Czynski v. StateAppellate Division of the Supreme Court of the State of New York · 2008
- Langner v. StateAppellate Division of the Supreme Court of the State of New York · 2009
- In the Matter of New York City Asbestos Litigation v. Aluminum Company of AmericaNew York Court of Appeals · 2014
80 more not listed; retrieve them via the Exa API.