New York State Court of Claims

New York State Court of Claims

LINTON v. THE STATE OF NEW YORK, #2000-009-436, Claim No. 99241, Motion No. M-62096


Synopsis


Conditional order of preclusion granted.

Case Information

UID:
2000-009-436
Claimant(s):
MICHAEL LINTON
Claimant short name:
LINTON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99241
Motion number(s):
M-62096
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
CHEDA & SHEEHAN, ESQS.
BY: Thomas Sheehan, Esq.,Of Counsel.
Defendant's attorney:
LAW OFFICE OF MICHAEL M. EMMINGER
BY: Michael R. Mendola, Esq.,Of Counsel.
Third-party defendant's attorney:

Signature date:
November 8, 2000
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion for an order pursuant to CPLR 3042, 3124, and 3126 to compel claimant to respond to defendant's Demand for Verified Bill of Particulars, Demand for Discovery and Production, and Expert Disclosure Demand, or in the alternative for an order precluding claimant from offering any evidence at the time of trial for failure to respond to said demands. Defendant also seeks costs, sanctions, and penalties against claimant for failure to timely provide the required documents and information, including the costs of this motion.

Claimant has not submitted any papers in opposition to this motion.

Now, therefore, after due consideration of the papers submitted with this motion, it is

ORDERED, that claimant is hereby compelled and directed to respond fully to and answer defendant's Demand for Verified Bill of Particulars, Demand for Discovery and Production, and Expert Disclosure Demand, and serve the demanded responses and 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 Demand for Verified Bill of Particulars, Demand for Discovery and Production, and Expert Disclosure Demand, 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; and it is further

ORDERED, that defendant's request for costs, sanctions and penalties is hereby DENIED.


November 8, 2000
Syracuse, New York

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