Kolnacki v. State

Appeal from an order of the Court of Claims (Michael E. Hudson, J.), entered April 6, 2005. The order granted defendant’s motion to dismiss the claim.

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”…