New York State Court of Claims

New York State Court of Claims

TAYLOR v. THE STATE OF NEW YORK, #2001-011-578, Claim No. 101394, Motion No. M-63421


Synopsis


Claimant's motion pursuant to CPLR 3124 for an order compelling a response to interrogatories is granted in part.

Case Information

UID:
2001-011-578
Claimant(s):
ANTHONY TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101394
Motion number(s):
M-63421
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Anthony Taylor, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Dennis M. Acton, 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 by Claimant pursuant to CPLR 3124 for an order compelling a response tointerrogatories. The claim stems from an incident in which claimant was injured on an outdoor basketball court at Bare Hill Correctional Facility.

It is apparent from the interrogatories propounded and from a prior demand for disclosure that Claimant is not clear on which disclosure device should be used to obtain a particular type of information. And though the "interrogatories" are not phrased so as to elicit a written response, in the interest of avoiding further motion practice, each item is addressed here.

Item one is for any and all documents relating to Claimant's injury. The demand is not sufficiently specific in that it does not identify the type of document sought and Defendant is left to guess what it is that Claimant is requesting.

Item two is a request for a list of all incident reports. Claimant was previously advised by Defendant in a letter dated September 18, 2000 that no such reports exist.

The third and fourth items requests records of ground repairs and work orders. Again, Claimant was previously advised by Defendant in a letter dated September 18, 2000 that no such records exist.

The fifth item is a request for photographs already provided to Claimant.

Item six requests the name of the physician who prescribed medication and physical therapy for Claimant and the name of the physical therapist who treated Claimant. Inasmuch as Claimant has alleged negligent medical care, the names of these individuals should be provided if they are employees of Defendant.

Defendant should also provide an answer to the question in item seven concerning whether Dr. Halloway is a licensed physician. Again the answer need only be provided if Dr. Halloway is or was an employee of Defendant and treated Claimant for an injury related to the incident underlying the claim.

Item eight is inappropriate.

Item nine is a request for the names of other inmates injured on the basketball court at Bare Hill Correctional Facility in the period from 1998 to 2000 and the types of injuries sustained. Defendant should advise Claimant if other individuals were injured on the court during that period of time, up to the date of the accident, and the type of injury sustained. The names of the individuals need not be provided.

Defendant should also advise Claimant as to whether any blacktopping was on the basketball courts in the annex recreation yard during the period from 1998 to 2000 up to the date of the accident.

August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated April 19, 2001
  2. Unsworn Supporting Affidavit of Anthony Taylor dated April 19, 2001 with exhibits annexed
  3. Affidavit in Opposition of Dennis M. Acton, Esq. sworn to the 7th day of May, 2001