New York State Court of Claims

New York State Court of Claims

ESPINOZA v. THE STATE OF NEW YORK, #2000-009-406, Claim No. 97552, Motion No. M-61433


Synopsis


Motion brought by defendant to compel responses to Interrogatories and Disclosure demands. Thirty day conditional order granted.

Case Information

UID:
2000-009-406
Claimant(s):
LAURA ESPINOSA, as the Administratrix of the Estate of EDWIN ORTIZ, a/k/a EDWARD ORTIZ, Deceased, and as the Mother and Natural Guardian of EDWIN JOSE ORTIZ, an Infant
Claimant short name:
ESPINOZA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97552
Motion number(s):
M-61433
Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY, JR.
Claimant's attorney:
COTE & LIMPERT, ESQS.
BY: Joseph Cote, III, Esq.,Of counsel.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: Louis J. Tripoli, Esq.,
Assistant Attorney General, Of Counsel.
Third-party defendant's attorney:

Signature date:
May 4, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has brought this motion to compel claimant to answer its First Set of Interrogatories and its Demand for Disclosure.

Defendant has established due service of the demands for which this motion is brought,

as well as compliance with Section 206.8(b) of the Uniform Rules for the Court of Claims.

The claimant has not submitted any papers in opposition to this motion.

Based upon the papers submitted with this motion, it is

ORDERED, that Motion No. M-61433 is GRANTED; and it is further

ORDERED, that claimant is hereby compelled and directed to respond fully to and answer defendant's First Set of Interrogatories and its Demand for Disclosure, and serve the demanded items within 30 days from the service of a copy of this Order with Notice of Entry upon claimant; and it is further

ORDERED that claimant is hereby precluded from offering any evidence or testimony which relates to the items demanded in the First Set of Interrogatories and the Demand for Disclosure, unless, within 30 days from service of a copy of this Order with Notice of Entry upon claimant, the claimant shall serve upon the attorney for the defendant the demanded items.

May 4, 2000
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims