New York State Court of Claims

New York State Court of Claims

RIOS v. THE STATE OF NEW YORK, #2000-005-512, Claim No. 98674, Motion No. M-60162


Synopsis


Motion to strike affirmative defenses denied as moot as Defendant replied to demand for a bill of particulars.

Case Information

UID:
2000-005-512
Claimant(s):
ORLANDO RIOS
Claimant short name:
RIOS
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98674
Motion number(s):
M-60162
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Orlando RiosPro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Louis J. Tripoli, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 22, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers, numbered 1 to 4, were read on motion by Claimant for an order striking certain affirmative defenses and other related relief:
Papers Numbered

Notice of Motion, Affidavit and Exhibits Annexed 1, 2

Opposing Affidavit 3

Filed Papers: Claim 4


Upon the foregoing papers, this motion is denied as moot.

Claimant alleges that the Defendant did not reply to his April 23, 1999 service of his demand for a bill of particulars, to particularize certain affirmative defenses. He alleges that this shows a lack of good faith and that the Defendant be excluded from offering three defenses which are the subject of said demand.

The Defendant opposes the motion as it alleges that the Claimant failed to demonstrate a good faith effort to resolve the dispute as required. Regardless, however, it contends that the motion is moot because the Verified Bill of Particulars of Affirmative Defenses was served on August 31, 1999.

The motion is denied as moot.


May 22, 2000
Rochester, New York

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