Sinclair v State of New York
2007 NY Slip Op 06978 [43 AD3d 1144]
September 25, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Cleonie Sinclair, Respondent,
v
State of New York, Appellant.

—[*1] Andrew M. Cuomo, Attorney General, Albany, N.Y. (Peter H. Schiff and Michael S. Buskus of counsel), for appellant.

John J. Appell, New York, N.Y., for respondent.

In a claim to recover damages for personal injuries, the defendant appeals from an order of the Court of Claims (Waldon, J.), dated August 17, 2006, which denied its motion to dismiss the claim as jurisdictionally defective and granted the claimant's cross motion for leave to amend the claim to add further specific allegations.

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 defendant's remaining contentions are without merit, or need not be addressed in light of our determination. Crane, J.P., Santucci, Florio, Dillon and Balkin, JJ., concur.