New York State Court of Claims

New York State Court of Claims

DAVENDER v. THE STATE OF NEW YORK, #2000-007-518, Claim No. 97329


Synopsis


Claimant, an infant, sustained a burn on her arm when she bumped it against a hot radiator in a bathroom located in a building owned and maintained by defendant. Awarded $10,000.

Case Information

UID:
2000-007-518
Claimant(s):
JODECI DAVENDER, an infant under the age of 14 years, by her mother and natural guardian, HOPE SELLS, and HOPE SELLS, individually
Claimant short name:
DAVENDER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97329
Motion number(s):

Cross-motion number(s):

Judge:
John L. Bell
Claimant's attorney:
SIMKOVIC & LEVINETrial Counsel: John Haag Jiras, Esq.
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael Rizzo, Esq., Assistant Attorney General, of counsel)
Third-party defendant's attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision



On October 18, 1997, Jodeci Davender, an infant, sustained a burn on her left arm when she bumped her arm against a hot radiator in a bathroom located in a building owned and maintained by defendant. A trial was conducted on May 16, 2000 and, after both parties had presented their proof, the court rendered a decision on the record. As is set forth more fully on the record, the court dismissed the claim of Hope Sells, individually, and awarded $10,000 on the claim of Jodeci Davender, an infant, by her mother and natural guardian, Hope Sells.

The court directed that the net proceeds of the award to the infant be held for her benefit pursuant to CPLR 1206. Claimant's counsel was instructed to apply to the court within 30 days of entry of judgment for an order pursuant to CPLR 1206. The court directed that the application include an affidavit from Hope Sells suggesting the bank, trust company or saving and loan association in which the proceeds should be held. Counsel must also submit an affidavit or affirmation setting forth the legal services rendered on behalf of the infant together with disbursements and a request that legal fees and disbursements be determined. A proposed order should accompany the application.

The Chief Clerk of the Court of Claims is directed to enter judgment against defendant in the amount of $10,000 on behalf of the infant Jodeci Davender. Payment shall not be made on said judgment until claimant's counsel has complied fully with the direction of the court herein.

May 22, 2000
Plattsburgh, New York

HON. JOHN L. BELL
Judge of the Court of Claims