New York State Court of Claims

New York State Court of Claims

MEDINA v. THE STATE OF NEW YORK, #2000-016-036, Claim No. 94609, Motion No. M-61282


Synopsis


Claimant's motion to strike the answer of defendant or to preclude testimony denied.

Case Information

UID:
2000-016-036
Claimant(s):
LAURA MEDINA
Claimant short name:
MEDINA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94609
Motion number(s):
M-61282
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Ross, Suchoff, Hankin, Maidenbaum, Handwerker & Mazel, P.C.By: Geoffrey R. Mazel, Esq.
Defendant's attorney:
Oshman, Helfenstein, Bernstein, Mirisola & Schwartz, LLPBy: Christopher D. Mehno, Esq.
Third-party defendant's attorney:

Signature date:
June 13, 2000
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is alleged that Laura Medina was injured when an elevator door closed on her at the Harlem State Building in New York County. This is claimant's motion to strike defendant's answer or to preclude defendant from testifying at trial, on the ground that defendant has failed to appear for deposition pursuant to a preliminary conference order. Claimant also seeks an extension of time to file a note of issue and certificate of readiness.

In its opposition, defendant asserts that prior to claimant's motion, it was having difficulty in contacting a proper representative to appear for deposition, but that defendant has "since been able to make the necessary arrangements and [is] ready, willing and able to produce a witness for deposition on a mutually convenient date for the parties . . ." See¶4 of the May 9, 2000 affirmation of Christopher D. Mehno.

In view of the foregoing, IT IS ORDERED that claimant's motion is denied without prejudice except to the extent that:
  1. Within sixty (60) days of the filing of this order, on a mutually convenient date, defendant shall produce a witness for deposition; and
  2. the time for filing a note of issue and certificate of readiness is extended to October 2, 2000.

June 13, 2000
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims