New York State Court of Claims

New York State Court of Claims

SINGER V. THE STATE OF NEW YORK, #2000-017-037, Claim No. 100935, Motion No. M-61404


Synopsis


The Court granted claimant's motion to restore the Claim to the calendar after claimant's failure to appear at a preliminary conference.

Case Information

UID:
2000-017-037
Claimant(s):
PETER SINGER and YOCHEVED SINGER
Claimant short name:

Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the State of New York as the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100935
Motion number(s):
M-61404
Cross-motion number(s):

Judge:
ANDREW P. O'ROURKE
Claimant's attorney:
Zaslav & Auerbach, P.C.By: H. Gary Zaslav, Esq.
Defendant's attorney:
Hon. Eliot Spitzer
Attorney General of the State of New York
By: Michael A. Zeytoonian, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 8, 2000
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers, number 1 through 5, were read and considered by the Court on claimant's motion to restore the claim to the calendar:

1. Notice of Motion and Affirmation in Support

2. Affirmation in Opposition and Exhibits

3. Affirmation in Reply

4. Claimant's Affidavit in Support

5. Filed Claim, Verified Answer

This Court dismissed the above-referenced Claim in an Order filed on January 13, 2000 pursuant to Rule 206.10(f) of the Rules for the Court of Claims on the grounds that claimants failed to complete a preliminary conference order by November 29, 1999 and failed to appear at a preliminary conference scheduled on November 30, 1999 (see, Affirmation in Reply, Exh. C). Claimants now move to restore the Claim to the calendar.

In support of the motion, claimants' counsel affirms that the failure to appear was a result of a clerical error in counsel's office (see, Notice of Motion, Affirmation in Support, ¶4). The Court finds that this inadvertent law office failure is excusable (see, CPLR 2005; Brown v Ryder Truck Rental, Inc., 172 AD2d 477). The Court also finds that the affidavit of claimant Peter Singer, in which he states that on March 19, 1998 he was stopped at an intersection in his vehicle on State Route 59 when he was rear-ended by a police vehicle operated by a New York State Police Officer, and that he has been unable to engage in his vocation from the date of the accident until September 1, 1998, is sufficient to establish, solely for the purposes of this motion, that a meritorious cause of action exists in this Claim (see, Insurance Law §5104). Accordingly, claimants' motion to restore the action to the calendar is GRANTED.

However, the granting of this motion to restore is conditioned upon claimants' submission of a completed Preliminary Conference Order to this Court at 140 Grand Street, White Plains, New York and service on defendant, with copies to this Court, of responses to defendant's Demand for a Bill of Particulars and Combined Discovery Demands that were served on September 21, 1999 (see, Affirmation in Opposition, Exhs. A & B) within 30 days of receipt of a filed copy of this order. Claimants' failure to comply with these directives will result in the dismissal of the Claim without further notice to claimants.


September 8, 2000
White Plains, New York

HON. ANDREW P. O'ROURKE
Judge of the Court of Claims