New York State Court of Claims

New York State Court of Claims

SOWELL v. THE STATE OF NEW YORK, #2001-011-513, Claim No. 100840, Motion No. M-62581


Synopsis


Claimant's motion for leave to amend to add a cause of action is granted.

Case Information

UID:
2001-011-513
Claimant(s):
VICTOR SOWELL
Claimant short name:
SOWELL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100840
Motion number(s):
M-62581
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Victor Sowell, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael C. Rizzo, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
January 25, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by Claimant for leave to amend the claim to add a cause of action for the

loss of architectural drawings in the possession of the Department of Correctional Services.

Leave to amend a pleading should be freely given in the absence of prejudice or surprise resulting directly from the delay (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755). Defendant has submitted an affirmation in response to the motion in which it indicates that it does not oppose the application so long as it is limited to the loss of architectural drawings. In the absence of any objection the motion for leave to amend the claim is granted. Claimant is directed to serve and file by regular mail an amended claim which adds a cause of action based upon the loss of his architectural drawings while in the possession of the Department of Correctional Services. The amended claim is to be served and filed within thirty days of service upon Claimant of a certified copy of this decision and order.

January 25, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Request for Permission to Amend sworn to the 27th day of September, 2000 with exhibits annexed.
2. Affirmation in Opposition dated October 26, 2000.