New York State Court of Claims

New York State Court of Claims

LIBBETT v.THE STATE OF NEW YORK, #2000-005-530, Claim No. 99256, Motion No. M-61916


Synopsis


Dismissal of claim granted after conditional order of preclusion.

Case Information

UID:
2000-005-530
Claimant(s):
EUGENE C. LIBBETT
Claimant short name:
LIBBETT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99256
Motion number(s):
M-61916
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
Claimant's attorney:
Eugene C. Libbett 97 B 1930Pro Se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carla T. Rutigliano, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 18, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On August 16, 2000, the following papers, numbered 1 to 4, were read on motion by Defendant for summary judgment:

1, 2 Notice of Motion, Affirmation and Exhibits Annexed

3, 4 Filed Papers: Claim, Order in Motion No. M-59308

Upon the foregoing papers, this motion is granted.

In an order in Motion No. M-59308 dated June 4, 1999, I granted a conditional order of  preclusion, precluding Claimant from offering at trial any evidence which was the subject of the First Set of Interrogatories, unless he responded thereto within thirty days of service of that order. The Defendant has provided proof of service of that order.

Claimant defaulted on the original order, has not responded to the said Interrogatories, and has defaulted on the instant motion.

Accordingly, since Claimant is precluded from offering any evidence at trial relative to the said Interrogatories, and no cause of action alleged can be proven, the motion is granted and the claim is dismissed.

August 18, 2000
Rochester, New York

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