New York State Court of Claims

New York State Court of Claims

ESPINAL v. THE STATE OF NEW YORK, #2001-011-547, Claim No. 98093, Motion Nos. M-63170, M-63171


Synopsis


Claimant's motions to compel responses to interrogatories, a demand for bill of particulars and notice for discovery and inspection and to strike the verified answer are denied.

Case Information

UID:
2001-011-547
Claimant(s):
JUAN ESPINAL, 96 A 7778
Claimant short name:
ESPINAL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98093
Motion number(s):
M-63170, M-63171
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Juan Espinal, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Glenn C. King, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
May 10, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has made motions to compel responses to interrogatories, a demand for a bill ofparticulars and a notice for discovery and inspection and to strike the verified answer.

Claimant, however, has failed to allege anything more than conclusory assertions in support of the application to strike the answer. In addition, it appears from claimant's affidavit in support and defendant's affirmation in opposition that the demands for disclosure were never served. Accordingly, the motions are denied.

May 10, 2001
Saratoga Springs, New York

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



Paper Submitted:

  1. Notice of Motion (M-63170)
  2. Affidavit in Support sworn to the 9th day of November, 2000
  3. Notice of Motion (M-63171) not dated (filed February 23, 2001)
  4. Unsworn affidavit in support not dated
  5. Affirmation in Opposition of motions of Glenn C. King, Esq. dated March 14, 2001