New York State Court of Claims

New York State Court of Claims

SANCHEZ v. THE STATE OF NEW YORK, #2000-010-008, Claim No. 101494, Motion No. M-61052


Synopsis


Motion to strike defendant's answer denied.

Case Information

UID:
2000-010-008
Claimant(s):
MARK SANCHEZ
Claimant short name:
SANCHEZ
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101494
Motion number(s):
M-61052
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
MARK SANCHEZPro se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse J. Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 23, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 have been read and considered by the Court on claimant's motion to strike defendant's answer:[1]
Notice of Motion, Claimant's Supporting Affidavit and Exhibit.............................1

Affirmation in Opposition........................................................................................2

Filed Papers: Claim

Claimant's self-serving affidavit attacking the merits of the affirmative defense raised by defendant does not establish a sufficient evidentiary basis for granting claimant's motion to strike defendant's answer. Resolution of the factual issues must await trial.

Motion DENIED.


March 23, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]Notably, the answer has yet to be filed with the Clerk's office in Albany; the Court received a faxed copy from defendant.