Moore v. State

Appellate Division of the Supreme Court of New York

Moore v. State

43 A.D.3d 1117, 841 N.Y.S.2d 797

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 25, 2007

StatusPublished

Cited by1 cases

This text of 43 A.D.3d 1117 (Moore v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moore v. State, 43 A.D.3d 1117, 841 N.Y.S.2d 797 (N.Y. Ct. App. 2007).

Pincite

Opinion

In a claim, inter alia, to recover damages for medical malpractice, the defendant appeals from an order of the Court of Claims (Waldon, J), dated August 17, 2006, which granted that branch of the claimant’s motion which was for leave to amend the claim to add the total sum claimed and denied its cross motion to dismiss the claim as jurisdictionally defective.

Ordered that the order is affirmed, without costs or disbursements.

In light of the recent amendment of Court of Claims Act § 11 (b) (L 2007, ch 606, § 1), retroactively abrogating Kolnacki v State of New York (8 NY3d 277 [2007]), the instant claim was not jurisdictionally defective notwithstanding the absence of an ad damnum clause.

The parties’ remaining contentions need not be addressed in [1118]*1118light of our determination. Rivera, J.P., Florio, Fisher and Dillon, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a claim, inter alia, to recover damages for medical malpractice, the defendant appeals from an order of the Court of Claims (Waldon, J), dated August 17, 2006, which granted that branch of the claimant’s motion which was for leave to amend the claim to add the total sum claimed and denied its cross motion to dismiss the claim as jurisdictionally defective.

Ordered that the order is affirmed, without costs or disbursements.

In light of the recent amendment of Court of Claims Act § 11 (b) (L 2007, ch 606, § 1), retroactively abrogating Kolnacki v State of New York (8 NY3d 277 [2007]), the instant claim was not jurisdictionally defective notwithstanding the absence of an ad damnum clause.

The parties’ remaining contentions need not be addressed in [1118]*1118light of our determination. Rivera, J.P., Florio, Fisher and Dillon, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.3d 1117, 841 N.Y.S.2d 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack