New York State Court of Claims

New York State Court of Claims

SANDERS v. THE STATE OF NEW YORK, #2001-010-064, Claim No. 104239, Motion No. M-63694


Synopsis


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

Case Information

UID:
2001-010-064
Claimant(s):
JAMES SANDERS The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Claimant short name:
SANDERS
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):
104239
Motion number(s):
M-63694
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JAMES SANDERSPro 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:
August 31, 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 Affirmation in Opposition......................................................................2

Filed Papers: Claim, Answer

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

Motion DENIED.


August 31, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims