New York State Court of Claims

New York State Court of Claims

TORRES v. THE STATE OF NEW YORK, #2001-009-008, Claim No. 102530, Motion No. M-62928


Synopsis


Conditional preclusion order granted to defendant.

Case Information

UID:
2001-009-008
Claimant(s):
CLIFTON TORRES
Claimant short name:
TORRES
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102530
Motion number(s):
M-62928
Cross-motion number(s):

Judge:
Nicholas V. Midey, Jr.
Claimant's attorney:
FREDERIC C. FOSTER, ESQ.
BY: Richard W. Vandenburgh, Esq.,Of Counsel.
Defendant's attorney:
SAPERSTON & DAY, P.C.
BY: Elizabeth A. Stundtner, Esq.,Of Counsel.
Third-party defendant's attorney:

Signature date:
February 20, 2001
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order compelling claimant to respond to a previously served demand for verified bill of particulars and also to various discovery demands.

The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation, with Exhibits 1,2


Affirmation in Opposition, with Exhibits 3


Reply Affirmation, with Exhibit 4

As set forth in his answering affirmation, subsequent to the filing of this motion, claimant's counsel forwarded an unverified bill of particulars and responses to the various discovery demands to defendant's counsel (see Exhibits A and B to Item 3).

In her reply affirmation, however, defendant's counsel has raised legitimate concerns regarding the adequacy of those responses. Specifically, defense counsel refers to the fact that the bill of particulars is unverified; that some of the responses in the bill of particulars are inconsistent, if not incomplete; that the response to the discovery demands makes reference to exhibits which have not been included; and that claimant has failed to provide a medical authorization.

Accordingly, it is

ORDERED, that Motion No. M-62928 is hereby GRANTED; and it is further

ORDERED, that claimant is compelled and directed to respond fully to and answer the demand for a verified bill of particulars and the discovery demands of the defendant, and serve the items demanded therein upon the defendant within 30 days from service of a copy of this order with notice of entry thereon upon claimant; and it is further

ORDERED, that claimant is hereby precluded from offering any evidence or testimony at the time of the trial of this claim herein as to any items of evidence or testimony of which particulars have not been furnished, and is hereby precluded from introducing or producing in evidence the designated items of which disclosure is sought by the defendant's discovery demands, including evidence of any mental or physical condition sought to be determined in the claim herein, unless, within 30 days from the service of a copy of this order with notice of entry thereon upon claimant, the claimant shall serve upon the attorney for the defendant his verified bill of particulars, and his responses and items pursuant to the demands of the defendant.


February 20, 2001
Syracuse, New York

HON. NICHOLAS V. MIDEY, JR.
Judge of the Court of Claims