New York State Court of Claims

New York State Court of Claims

BOSWELL v. THE STATE OF NEW YORK, #2000-010-075, Claim No. 102874, Motion No. M-62508


Synopsis


Claimant's motion to strike the affirmative defenses denied.

Case Information

UID:
2000-010-075
Claimant(s):
KEITH BOSWELL #89A2539
Claimant short name:
BOSWELL
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):
102874
Motion number(s):
M-62508
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
KEITH BOSWELLPro 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:
November 16, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

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

Attorney's Opposing Affirmation and Exhibit.........................................................2

Filed papers: Claim, Answer

Claimant's motion to strike the affirmative defenses has no basis in law. The affirmative defenses were properly raised in defendant's answer and do not warrant dismissal.

MOTION DENIED.


November 16, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims