New York State Court of Claims

New York State Court of Claims

TRIPP v. THE STATE OF NEW YORK, #2000-005-521, Claim No. 96955, Motion No. M-61133


Synopsis


Conditional order of preclusion granted.

Case Information

UID:
2000-005-521
Claimant(s):
CHARLES TRIPP
Claimant short name:
TRIPP
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96955
Motion number(s):
M-61133
Cross-motion number(s):

Judge:
Donald J. Corbett
Claimant's attorney:
Charles TrippPro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carla T. Rutigliano, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
July 19, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On February 16, 2000, the following papers, numbered 1 to 5, were read on motion by Defendant for an Order of Preclusion:


1, 2, 3 Notice of Motion, Affirmations and Exhibits


4, 5 Filed Papers: Claim, Answer


Upon the foregoing papers, the motion is granted.

On October 17, 1997, the Defendant served its Answer and its First Set of Interrogatories on Claimant. Claimant sought an extension of time to serve his responses by letter dated November 11, 1997. The Defendant sent a good faith letter to Claimant some two years later on November 10, 1999, requesting responses to the interrogatories.

Claimant neither responded to said letter nor answered said interrogatories. Similarly, Claimant has defaulted on the instant motion.

Accordingly the Defendant's motion is granted and the Claimant will be precluded at trial from giving any evidence or proof relative to any of the matters which were the subject of the said First Set of Interrogatories, unless he responds to said interrogatories within ten days of service upon him of a file-stamped copy of this order.


July 19, 2000
Rochester, New York

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