New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, ET AL, #2001-011-605, Claim No. 102670, Motion No. M-63920


Synopsis


Claimant's motion for leave to amend the claim is denied.

Case Information

UID:
2001-011-605
Claimant(s):
JOE JACKSON, 95 A 0426
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102670
Motion number(s):
M-63920
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Joe Jackson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Kevan J. Acton, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 14, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has moved for leave to amend the claim. Leave to amend a pleading should be freely given in the absence of prejudice or surprise resulting directly from the delay (McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755). A review of the proposed amended claim shows that the factual allegations are the same as were made in the original claim. The new material in the proposed amended claim amounts to strictly legal arguments which do not add anything of value to the claim. Inasmuch as the proposed amendment is unnecessary, the motion is denied.

November 14, 2001
Saratoga Springs, New York

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



Papers Submitted:

1. Notice of Motion dated August 9, 2001
2. Unsworn Affidavit in Support of Joe Jackson dated August 9, 2001 with attachment
3. Affirmation in Opposition of Kevan J. Acton, Esq. dated September 11, 2001 with attachments