New York State Court of Claims

New York State Court of Claims

Gorski v. STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, #2000-005-503, Claim No. 98527, Motion No. M-60020


Synopsis


Motion for preclusion.

Case Information

UID:
2000-005-503
Claimant(s):
GEORGE GORSKI
Claimant short name:
Gorski
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF TRANSPORTATION
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98527
Motion number(s):
M-60020
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
E. Michael Cook, Esq.
Defendant's attorney:
Hon. Eliot Spitzer
Attorney GeneralBy: Law Office of Joseph D. Callery
Third-party defendant's attorney:

Signature date:
April 10, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


On September 22, 1999, the following papers, numbered 1 to 3, were read on motion by Defendants for an order of preclusion:


Notice of Motion, Affirmation and Exhibits Annexed 1, 2

Opposing Papers NONE

Filed Papers: Claim 3

Upon the foregoing papers, this motion is granted to the extent noted.

In this motion, Defendants seek to preclude the Claimant from offering any evidence at trial which was the subject of a Demand for a Bill of Particulars and various other discovery demands (see Exhibit B to the moving papers), all of which were allegedly served upon Claimant on or about September 23, 1998.

By letters dated January 21, 1999, and February 19, 1999, Defendants made a good faith effort to obtain the responses to said demands (see 22 NYCRR 206.8[b]).

The Defendants allege that Claimant failed to respond to said demands. Furthermore, Claimant has defaulted on the motion herein, originally returnable on August 11, 1999, and extended to September 22, 1999, to allow Claimant's responses. Accordingly, the motion is granted and the Claimant is precluded from offering any evidence at trial which was the subject of the aforesaid demands, unless within 15 days of service of a file-stamped copy of this order, Claimant answers the said demands.


April 10, 2000
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims