New York State Court of Claims

New York State Court of Claims

HOWCOTT v. THE STATE OF NEW YORK, #2001-014-501, Claim No. 98491, Motion No. M-62884


Synopsis


Motion to strike the Note of Issue is granted.

Case Information

UID:
2001-014-501
Claimant(s):
LAWRENCE HOWCOTT
Claimant short name:
HOWCOTT
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court of Claims does not have jurisdiction over individuals (see, Smith v State of New York, 72 AD2d 937, 938), nor does it have jurisdiction over the New York State Division of Parole as an entity distinct from the State of New York (see, Court of Claims Act §9). Thus, the Court sua sponte amends the caption of the claim to delete named defendants "The New York State Division of Parole" and "Mary Washington."
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
98491
Motion number(s):
M-62884
Cross-motion number(s):

Judge:
S. Michael Nadel
Claimant's attorney:
Harmon & LinderBy: Mark Linder, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Susan J. Pogoda, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 5, 2001
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


The following papers were read on the defendant's motion to strike the Note of Issue: Notice of Motion, Affirmation in Support and Exhibits annexed; Affirmation in Opposition and Exhibit annexed.


It is evident from the claimant's opposition to this motion that at the time the Note of Issue and Certificate of Readiness were filed, on November 20, 2000, discovery was not complete, nor had the defendant waived a physical examination of the claimant, which would be highly unusual in a claim where proof of the extent of the claimant's injury is necessary to establish liability. Insurance Law §5102(d).

There is no question that material facts in the Certificate of Readiness are incorrect. Uniform Rules for the Court of Claims, §206.12(d). The defendant's motion to strike the Note of Issue is granted. The claimant is directed to respond to any outstanding discovery requests no later than one month from the date of the filing of this Order. Counsel are directed to schedule an independent medical examination of the claimant within 90 days of the date of the filing of this Order. A conference is scheduled for April 6, 2001 at 10:00 AM.


January 5, 2001
New York, New York

HON. S. MICHAEL NADEL
Judge of the Court of Claims