New York State Court of Claims

New York State Court of Claims

WALKER v. THE STATE OF NEW YORK, #2000-014-518, Claim No. 100938, Motion No. M-61618


Synopsis


Claimants' application for permission to file a late claim is denied as moot; the defendant has withdrawn the Affirmative Defense alleging untimely service and filing.

Case Information

UID:
2000-014-518
Claimant(s):
THERESA WALKER, individually and as Administratrix of the Estate of TIFFANE L. WALKER, Deceased, and JAMES WALKER
Claimant short name:
WALKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100938
Motion number(s):
M-61618
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Geller & Siegel, LLPBy: Eric S. Hechler
Defendant's attorney:
Ahmuty, Demers & McManusBy: Paul Eschmann
Third-party defendant's attorney:

Signature date:
July 31, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read on the claimants' application for permission to file a late claim for pain and suffering, and for the derivative claims of the infant's parents: Notice of Motion, Affirmation and Exhibits annexed; Letters from counsel for the defendant dated June 23, 2000 and July 12, 2000.


This is a claim for the wrongful death of an infant, pain and suffering, and derivative causes of action on behalf of the infant's parents. The claimant administratrix of the infant's estate seeks permission to file a late claim for the infant's pain and suffering; and the claimants Theresa Walker and James Walker, parents of the infant, seek permission to file a late claim for their derivative claims.

By letter dated June 23, 2000, counsel for the defendant states that the defendant does not oppose the motion, based on its position that the actions were timely filed. By letter dated July 12, 2000, counsel for the defendant states that the defendant withdraws the (Fourth) Affirmative Defense, alleging untimely filing and service of the claim.

Under the circumstances, the claimants' application is unnecessary; the motion is denied as moot.


July 31, 2000
New York, New York

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