New York State Court of Claims

New York State Court of Claims

WRIGHT v. THE STATE OF NEW YORK, #2001-011-614, Claim No. 103640, Motion No. M-64009


Synopsis


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

Case Information

UID:
2001-011-614
Claimant(s):
BORNALLAH WRIGHT
Claimant short name:
WRIGHT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103640
Motion number(s):
M-64009
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Bornallah Wright, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 4, 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 the verified answer. The claim is based on allegations that certain items of claimant's personal property were lost when he was transferred from one facility to another. In the answer Defendant pleaded affirmative defenses of lack of personal and subject matter jurisdiction, limitation of liability and culpable conduct on the part of Claimant.

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 & Elecs. 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.

December 4, 2001
Saratoga Springs, New York

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



Papers Submitted:

  1. Notice of Motion dated August 23, 2001
  2. Affidavit in Support of Bornallah Wright sworn to the 23rd day of August, 2001 with exhibits annexed
  3. Affirmation in Opposition of Eileen E. Bryant, Esq. dated September 17, 2001 with exhibits annexed
  4. Letter response of Bornallah Wright, unsworn, dated September 19, 2001 with enclosure