New York State Court of Claims

New York State Court of Claims

BUTLER v. THE STATE OF NEW YORK, #2001-011-527, Claim No. 103066, Motion No. M-62850


Synopsis


Claimant's motion to strike four affirmative defenses asserted in response to the claim is denied.

Case Information

UID:
2001-011-527
Claimant(s):
GARY LAWRENCE BUTLER, 88 A 1194
Claimant short name:
BUTLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103066
Motion number(s):
M-62850
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Gary Lawrence Butler, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Michael W. Friedman, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
March 8, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to strike four affirmative defenses asserted in response to the claim. A motion to dismiss defenses may be made on the ground that a defense is not stated or has no merit (CPLR 3211[b]). On a motion to dismiss a defense pursuant to CPLR 3211 (b), all of defendant's allegations must be deemed to be true and defendant is entitled to all reasonable inferences to be drawn from the proof submitted (Capital Tel. Company v M C E, Inc., 208 AD2d 1150). If there is any doubt as to the availability of a defense, it should not be dismissed (Becker v Elm Air Conditioning Corp., 143 AD2d 965).

In support of the motion Claimant offers only conclusory denials of the assertions made in the affirmative defenses. Such assertions are insufficient to show that the defenses are without merit. Accordingly, the motion is denied.

March 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated December 12, 2000
2. Affidavit in Support of Gary Lawrence Butler sworn to the 12th day of December, 2000
3. Affirmation in Opposition of Michael W. Friedman, Esq. dated January 8, 2001