New York State Court of Claims

New York State Court of Claims

TRIPP v. THE STATE OF NEW YORK, #2000-005-547, Claim No. 96955, Motion No. M-62269


Synopsis


Motion granted and claim dismissed - Claimant failed to respond to interrogatories after expiration of conditional order of preclusion and is precluded from offering any evidence of negligence.

Case Information

UID:
2000-005-547
Claimant(s):
CHARLES TRIPP
Claimant short name:
TRIPP
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96955
Motion number(s):
M-62269
Cross-motion number(s):

Judge:
Donald J. Corbett, Jr.
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:
September 13, 2000
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

On September 13, 2000, the following papers, numbered 1 to 5, were read on motion by Defendant for summary judgment:

1, 2 Notice of Motion, Affirmation and Exhibit Annexed

3, 4, 5 Filed Papers: Claim, Answer, Order in Motion M-61133

Upon the foregoing papers, this motion is granted.

The claim herein was filed on September 12, 1997, sounding in bailment. In an order filed on July 20, 2000, in Motion No. M-61133, Claimant was conditionally precluded from giving any evidence or proof relative to any of the matters which were the subject of Defendant's First Set of Interrogatories, unless he responded within ten days of service of said order.

That order was served upon Claimant on July 25, 2000 (Exhibit A), and the ten day period has elapsed with no extension of time sought or granted, and with no response by Claimant. He has similarly defaulted on this motion.

Accordingly, since Claimant is precluded from introducing or producing any evidence in support of his claim and no cause of action could be supported without the matters which were the subject of the said interrogatories, Claimant could not prove a prima facie case of negligence herein.

Therefore, the motion is granted and the claim is dismissed. The trial herein, scheduled for September 27, 2000, is canceled.


September 13, 2000
Rochester, New York

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