New York State Court of Claims

New York State Court of Claims

OSLAN v. THE STATE OF NEW YORK, #2001-010-012, Claim No. 103201, Motion No. M-62799


Synopsis


Claimant's motion to strike defendant's affirmative defenses is denied.

Case Information

UID:
2001-010-012
Claimant(s):
JOSE OSLAN
Claimant short name:
OSLAN
Footnote (claimant name) :

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

Third-party defendant(s):

Claim number(s):
103201
Motion number(s):
M-62799
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JOSE OSLANPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 29, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion to strike defendant's affirmative defenses:
Notice of Motion, Claimant's Supporting Affidavit................................................1

Attorney's Opposing Affirmation and Exhibit.........................................................2

Claimant's motion to strike the affirmative defenses has no basis in law. The affirmative defenses were properly raised in defendant's answer and do not warrant dismissal.

MOTION DENIED.


January 29, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims