New York State Court of Claims

New York State Court of Claims

BOSTIC v. THE STATE OF NEW YORK, #2001-011-501, Claim No. 98809, Motion No. M-62514


Synopsis


Defendant's motion to dismiss the claim on the basis that it was served after the statue of limitations had expired is granted.

Case Information

UID:
2001-011-501
Claimant(s):
LEE O. BOSTIC
Claimant short name:
BOSTIC
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98809
Motion number(s):
M-62514
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Lee O. Bostic, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kevan J. Acton, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
January 3, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has moved to dismiss the claim on the basis that it was served after the statute oflimitations had expired. The claim alleges causes of action for assault and battery based upon an incident in which a correction officer is alleged to have spit on Claimant and then tried to push him. The incident is alleged to have occurred on August 7, 1997. The statute of limitations on claims for assault and battery is one year (CPLR 215). Although a timely notice of intention was served on September 18, 1997 the claim was not served until August 12, 1998 more than one year after the claim is alleged to have accrued. In addition, Claimant has not opposed the motion. Accordingly, the motion is granted and the claim is dismissed.

January 3, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Notice of Motion dated October 5, 2000.
  2. Affirmation in Support of Kevan J. Acton, Esq., dated October 5, 2000.