Legal Opinion
Kern v. State
New York Supreme Court
Decided March 24, 2006No. Claim No. 107482Published
1Opinion of the Court
OPINION OF THE COURT
S. Michael Nadel, J.
*456The defendant has moved to dismiss the claim on the ground that the court does not have subject matter jurisdiction because the claim fails to allege the total sum claimed, as required by Court of Claims Act § 11 (b).
The issues presented on this motion have recently been decided by this court, in Peart v State of New York (10 Misc 3d 1070[A], 2005 NY Slip Op 52215[U] [2005]), in which the court rejected the defendant’s contention that Lepkowski v State of New York (1 NY3d 201 [2003]) held that the failure of a claim to allege the amount of damages…
2Cases cited11 opinions
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Brown v. State of New YorkNew York Court of Appeals · 1996
- Lepkowski v. State of NYNew York Court of Appeals · 2003
- Gurnee v. Aetna Life & Casualty Co.New York Court of Appeals · 1982
- Bay Ridge Air Rights, Inc. v. StateNew York Court of Appeals · 1978
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