(Download) "Davis v. State" by New York Court of Claim # eBook PDF Kindle ePub Free
eBook details
- Title: Davis v. State
- Author : New York Court of Claim
- Release Date : January 26, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Claimant, administrator of the Estate of Billy Curl Davis (decedent), an inmate incarcerated at the time of his death, moves for permission to treat a "timely-filed" notice of intention as a claim, pursuant to Court of Claims Act § 10 (8) (a). This motion is made in light of the Court of Appeals decision in Kolnacki v State of New York (8 NY3d 277 [2007]), in which that Court held that a claimants failure to include a total sum of monetary damages in the claim, as required by Court of Claims Act § 11 (b), constituted a jurisdictional defect. The claim in this case failed to include such a total sum, initially necessitating such a motion. Defendant State of New York (defendant) cross-moves for dismissal of the claim for failure to state a total sum claimed.
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