New York State Court of Claims

New York State Court of Claims

RUSHANOV v. THE STATE OF NEW YORK, #2001-011-579, Claim No. 103278, Motion No. M-63345


Synopsis


Claimant's motion to dismiss the defenses set forth in the verified answer is denied.

Case Information

UID:
2001-011-579
Claimant(s):
GRIGORIY RUSHANOV
Claimant short name:
RUSHANOV
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103278
Motion number(s):
M-63345
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Grigoriy Rushanov, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Saul Aronson, 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


Claimant has moved to dismiss the defenses set forth in the verified answer. The claim is based on allegations that Claimant was detained in the Special Housing Unit for thirty-eight days beyond the time he should have been so confined.

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. Motorola Communications, Inc., 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.


August 8, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion to Strike Defense from Answer filed on April 9, 2001
  2. Affidavit in Support of Grigoriy Rushanov sworn to the 6th day of March, 2001
  3. Affirmation in Opposition of Saul Aronson, Esq. dated April 10, 2001