New York State Court of Claims

New York State Court of Claims

PARKINSON v. THE STATE OF NEW YORK, #2000-015-035, Claim No. 101281, Motion No. M-61432


Synopsis


The defendant has a statutory right to receive a bill of particulars from claimant setting forth the specifics of the claim (CPLR § 3041).

Case Information

UID:
2000-015-035
Claimant(s):
DAVID PARKINSON
Claimant short name:
PARKINSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101281
Motion number(s):
M-61432
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
David Parkinson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Joel L. Marmelstein, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 9, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


The motion of the defendant for an order pursuant to CPLR 3042 precluding the claimant from offering proof at the time of the trial of this action with respect to the matters of which particulars were demanded by the defendant's demand for a bill of particulars dated November 15, 1999 is granted unless the claimant serves a verified bill of particulars upon the defendant within ninety 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 for personal injuries upon various theories of recovery including negligence, medical malpractice and unjust confinement as a result of events which occurred at Marcy Correctional Facility during August and September of 1999. The claim was filed on October 21, 1999 and the defendant's demand for a bill of particulars was served by the defendant on November 15, 1999. Claimant has failed to serve a bill of particulars in response to that demand despite defense counsel's subsequent written request that he do so. This motion ensued.

The defendant has a statutory right to receive a bill of particulars from claimant setting forth the specifics of the claim (CPLR § 3041). However, in view of claimant's arguments concerning the problems his incarceration is causing with respect to gathering the information necessary for his bill of particulars he will be afforded a longer time frame than is customary in which to serve a bill of particulars or be precluded.


May 9, 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 March 27, 2000;
  2. Affirmation of Joel L. Marmelstein dated March 27, 2000, with exhibits;
  3. Good faith affirmation of Joel L. Marmelstein dated March 27, 2000;
  4. Claim filed on October 21, 1999;
  5. Unsworn statement in opposition of David Parkinson received on April 18, 2000.