New York State Court of Claims

New York State Court of Claims

BARTON v. THE STATE OF NEW YORK, #2000-010-057, Claim No. 95020, Motion No. M-61880


Synopsis



Claimant's motion to amend the ad damnum clause of his claim.

Case Information

UID:
2000-010-057
Claimant(s):
IVAN BARTON
Claimant short name:
BARTON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95020
Motion number(s):
M-61880
Cross-motion number(s):

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

Signature date:
September 7, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-4 were read and considered by the Court on claimant's motion to amend the ad damnum clause to Claim No. 95020:
Notice of Motion, Claimant's Supporting Affidavit................................................1

Defendant's Letter Dated July 12, 2000 Taking No Position on the Motion............2

Claimant's Letter Dated August 10, 2000................................................................3

Claimant's Letter Dated August 13, 2000.................................................................4

On the papers submitted, there is no basis for the court to permit claimant to amend his ad damnum clause. However, claimant may, at trial, move to conform the pleadings to the proof.

Motion DENIED.


September 7, 2000
White Plains , New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims