New York State Court of Claims

New York State Court of Claims

ARNAU v. THE STATE OF NEW YORK, #2000-014-510, Claim No. 101200, Motion No. M-61436


Synopsis


The defendant has waived its affirmative defense of untimely service, which is the subject of this motion, so that the motion is denied as moot

Case Information

UID:
2000-014-510
Claimant(s):
JONATHAN ARNAU, AN INFANT, BY HIS PARENT AND NATURAL GUARDIAN CHRISTOPHER ARNAU, CHRISTOPHER ARNAU, GILDA ARNAU
Claimant short name:
ARNAU
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101200
Motion number(s):
M-61436
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Harvey Sorid
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Alan B. Berkowitz, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
May 3, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


The following papers were read on the claimants' motion to strike the Fourth Affirmative Defense: Notice of Motion, Affirmation and Exhibits annexed; Letter dated April 6, 2000 from the Assistant Attorney General.


By letter addressed to the counsel for the claimants, dated April 6, 2000, the Assistant Attorney General states that the defendant has waived its affirmative defense of untimely service, which is the subject of this motion.

The motion is denied as moot.


May 3, 2000
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims