New York State Court of Claims

New York State Court of Claims

PLAYER v. THE STATE OF NEW YORK, #2001-011-575, Claim No. 103265, Motion No. M-63344


Synopsis


Claimant's motion to amend the claim is denied.

Case Information

UID:
2001-011-575
Claimant(s):
COREY PLAYER
Claimant short name:
PLAYER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103265
Motion number(s):
M-63344
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Corey Player, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Belinda A. Wagner, Esq.Assistant Attorney General
Third-party defendant's attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion to amend the claim. In accordance with CPLR 3025(b), leave to amend should be freely given in the absence of surprise or prejudice resulting from the delay (Esposito v Billings, 103 AD2d 956, 957).

Claimant moves to amend the claim to add a cause of action for medical malpractice. In the notice of intention, served on April 7, 2000, claimant alleges only that he was injured when he slipped and fell in the messhall at Franklin Correctional Facility on February 15, 2000. In the claim, filed on October 23, 2000, claimant states that, in the months following his injury, he requested medical assistance on numerous occasions, the last such request, having been made on September 19, 2000.

The proposed amended claim does not substantially alter or add to the original claim. The motion for leave to amend is, therefore, unnecessary and accordingly, is denied.

Insofar as claimant is attempting to have the court determine whether service and filing of the original claim was timely, the appropriate motion is one pursuant to Court of Claims Act §10(6). In determining such a motion, the court would have to fix the date of accrual for the medical malpractice cause of action and thereby determine whether the original filing was timely with respect to that cause of action for medical malpractice.

August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion to Amend Claim dated April 5, 2001
  2. Affidavit in Support of Corey Player sworn to the 5th day of April, 2001
  3. Affirmation in Opposition of Belinda A. Wagner, Esq. dated April 17, 2001 with Exhibit A annexed
  4. Affidavit in Support of Corey Player sworn to the 20th day of June, 2001 with Exhibit A annexed