New York State Court of Claims

New York State Court of Claims

PARKER v. THE STATE OF NEW YORK, #2001-011-531, Claim No. 100536, Motion No. M-62753


Synopsis


Defendant's motion to dismiss the claim pursuant to CPLR 3211(a)(7) for failure to state a cause of action is denied.

Case Information

UID:
2001-011-531
Claimant(s):
VAN PARKER
Claimant short name:
PARKER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100536
Motion number(s):
M-62753
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Van Parker, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Belinda A. Wagner, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
March 12, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Defendant has moved to dismiss the claim pursuant to CPLR 3211(a)(7) for failure to statea cause of action.

Accepting the factual averments of the claim as true and according Claimant the benefit of all favorable inferences which may be drawn from the pleading, the test on a motion to dismiss pursuant to CPLR 3211(a)(7) is whether Claimant can succeed upon any reasonable view of the facts stated (Fiscal Equity v State of New York, 86 NY2d 307).

Claimant has alleged in the claim that during the period from January 12-14, 1999 employees intercepted, delayed and destroyed letters, documents and publications sent to him through the mail and which he was entitled to receive. At a minimum, the claim states a cause of action for bailment. Accordingly, the motion is denied.

March 12, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion to Dismiss dated November 17, 2000
2. Affirmation in Support of Belinda A. Wagner, Esq. dated November 17, 2000
3. Reply Affidavit in Opposition of Van Parker sworn to the 11th day of December, 2000