New York State Court of Claims

New York State Court of Claims

WALKER v. THE STATE OF NEW YORK, #2000-015-016, Claim No. 096382, Motion No. M-61139


Synopsis


Relief pursuant to CPLR 2126 is not available in the absence of wilful conduct.

Case Information

UID:
2000-015-016
Claimant(s):
ROBERT WALKER
Claimant short name:
WALKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
096382
Motion number(s):
M-61139
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Robert Walker, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney GeneralBy: Carla T. Rutigliano, Esquire, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
March 29, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


The motion of the defendant for an order of preclusion pursuant to CPLR 3042 (c), 3124 and 3126 is granted to the extent of directing the claimant to serve answers to the defendant's interrogatories within thirty days of the service upon him of a copy of this decision and order with notice of entry.

This is a claim by an inmate appearing pro se to recover the value of items of personal property allegedly lost through the negligence of employees of the Department of Correctional Services. The defendant served written interrogatories upon the claimant on July 23, 1997 . The claimant did not serve responses to the interrogatories and on January 26, 1999 defense counsel sent a good faith letter to claimant requesting responses. Claimant did not respond to the letter or submit opposition to this motion.

The request for relief pursuant to CPLR 3042 is not appropriate as that section relates to bills of particulars, not written interrogatories. Relief under CPLR 3126 is not appropriate at this juncture as defendant has not established that the claimant's failure to answer the interrogatories is wilful. The appropriate relief is an order pursuant to CPLR 3124 directing claimant to answer the interrogatories. If claimant fails to comply with this decision and order the defendant may seek the appropriate relief pursuant to CPLR 3126.


March 29, 2000
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated January 28, 2000;
  2. Affirmation of Carla T. Rutigliano dated January 28, 2000, with exhibits.