New York State Court of Claims

New York State Court of Claims

MINGUES v.THE STATE OF NEW YORK, #2000-010-076, Claim No. 102961, Motion No. M-62520


Synopsis



Case Information

UID:
2000-010-076
Claimant(s):
WILLIAM MINGUES (UNDERWOOD) 87A4295
Claimant short name:
MINGUES
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):
102961
Motion number(s):
M-62520
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
WILLIAM MINGUES (UNDERWOOD)Pro 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 the affirmative defenses in defendant's answer:
Notice of Motion, Claimant's Supporting Affidavit and Exhibit.............................1

Attorney's Affirmation in Opposition and Exhibit....................................................2

Filed papers: Claim, Answer

Claimant's motion to strike the affirmative defenses has no basis in law and is purely argumentative. The affirmative defenses were properly raised by defendant in its answer and do not warrant dismissal.[1]

MOTION DENIED.


November 16, 2000
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]
Defendant has withdrawn its first affirmative defense.