Recent New York Court of Appeals Decision on Court of Claims Act

In Kolnacki v. State of New York, the New York Court of Appeals held that the claimant's failure to provide the "total sum" of monetary damages in her claim, as required by Court of Claims Act § 11 (b), is a jurisdictional defect warranting the dismissal of the claim.  The claim arose within the context of a personal injury.  The Court rejected the claimant's argument that personal injury claims are sometimes difficult to estimate damages, stating a claimant can always provide an estimate that can be later amended.  The Court's reasoning is that essentially the State has waived immunity to be sued in exchange for a claimant following the mandates of the Act.

In light of the Kolnacki decision , claimants should follow the mandates of the Court of Claims Act.