New York State Court of Claims

New York State Court of Claims

ADAMS v. STATE OF NEW YORK, #2001-011-520, Claim Nos. 102896, 102895, Motion No. M-62758


Synopsis


Claimant's request to consolidate two bailment claims pending in this court is denied.

Case Information

UID:
2001-011-520
Claimant(s):
JOHN ADAMS
Claimant short name:
ADAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102896, 102895
Motion number(s):
M-62758
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
John Adams, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Timothy P. Mulvey, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
February 20, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to consolidate two bailment claims pending in this court. When actions involve common questions of law or fact the court may order the actions consolidated and may make such other orders as tend to avoid unnecessary costs or delay (CPLR 602[a]). The claims occurred at different places and times and therefore, do not involve common questions of fact. Furthermore, though the claims are based on the same settled legal theory of recovery, i.e. bailment, there is no showing that the claims raise questions of law, common or otherwise. Accordingly, the motion is denied.



February 20, 2001
Saratoga Springs, New York

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



Papers submitted:

  1. Notice of Motion dated October 23, 2000
  2. Affidavit in Support sworn to the 23rd day of October, 2000
  3. Affirmation in Opposition of Timothy P. Mulvey, Esq., dated November 15, 2000