New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2001-011-560, Claim No. 103134-A, Motion No. M-63208


Synopsis


Claimant's motion to dismiss the affirmative defenses set forth in paragraphs three through eight of verified answer is denied.

Case Information

UID:
2001-011-560
Claimant(s):
SHAWN GREEN, 97 A 0801
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103134-A
Motion number(s):
M-63208
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Shawn Green, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Eileen E. Bryant, Esq., Assistant Attorney General)
Third-party defendant's attorney:

Signature date:
July 18, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved to dismiss the affirmative defenses set forth in paragraphs three througheight of the verified answer.

The claim is based on allegations that several books owned by Claimant were lost by Defendant while being transported from one correctional facility to another.

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. Co. v Motorola Communications & Elects., 208 AD2d 1150). Claimant has failed to establish that any of the defenses are inadequate as pleaded or are without merit. Accordingly, the motion to dismiss defenses is denied.



July 18, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated March 5, 2001
2. Affidavit in support sworn to the 5th day of March, 2001
3. Affirmation in Opposition of Eileen E. Bryant, Esq. dated April 10, 2001 with exhibits annexed
4. Reply Affidavit of Shawn Green sworn to the 23rd day of April, 2001 with exhibit annexed