New York State Court of Claims

New York State Court of Claims

HAIRSTON v. THE STATE OF NEW YORK, #2001-011-525, Claim No. 96200, Motion No. M-62777


Synopsis


Claimant's motion for leave to amend the claim is denied.

Case Information

UID:
2001-011-525
Claimant(s):
LOUIS HAIRSTON
Claimant short name:
HAIRSTON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96200
Motion number(s):
M-62777
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Louis Hairston, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michele M. Walls, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
February 22, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion for leave to amend the claim. 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).

In his affidavit in support of the motion, Claimant asserts that the amendment is necessary so that the Defendant will be able to properly interpret the claim. In response, Defendant maintains that the original claim contains sufficent allegations to allow proof of the facts in the proposed amendment. Based on that position, Defendant would be precluded from arguing at any later stage of the litigation that proof of the facts in the proposed amendment should not be allowed (see, Clifton Country Road Assocs. v Vinciguerra, 252 AD2d 792, party estopped from adopting a position directly contrary to an earlier assumed position in the same proceeding). Allowing the amendment, therefore, would only serve to waste resources of Claimant, Defendant and the court. Accordingly, the motion is denied.


February 22, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated November 10, 2000
  2. Affidavit of Louis Hairston sworn to the 14th day of November, 2000
  3. Affirmation in Opposition of Michele M. Walls, Esq., dated December 13, 2000