New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2000-011-557, Claim No. 101170, Motion No. M-61673


Synopsis


Claimant's motion to reargue a prior decision of the court which denied a motion to strike affirmative defenses and an application for summary judgment is denied.

Case Information

UID:
2000-011-557
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101170
Motion number(s):
M-61673
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kevan J. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
August 16, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved to reargue a prior decision of the court which denied a motion to strike affirmative defenses and an application for summary judgment (Green v State of New York, M-61000, McNamara, J.). Motions for reargument are addressed to the sound discretion of the court and may be granted upon a showing that the court overlooked or misapprehended the facts or law or for some reason mistakenly arrived at its earlier decision (Rodney v New York Pyrotechnic Products Co. Inc., 112 AD2d 410). Claimant has not pointed to any error by the court in deciding the prior motion. Accordingly, the motion is denied.


August 16, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Considered:

  1. Notice of Motion dated April 14, 2000.
  2. Affidavit of Claimant sworn to the 14th day of April, 2000.
  3. Affirmation in Opposition of Kevan J. Acton, Esq., dated April 24, 2000.