New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2001-019-501, Claim No. 95981, Motion No. M-62738


Synopsis


Claimant's motion to amend ad damnum clause is denied.


Case Information

UID:
2001-019-501
Claimant(s):
NATHANIEL JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
95981
Motion number(s):
M-62738
Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
NATHANIEL JACKSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Belinda Wagner, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
January 17, 2001
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant, a pro se inmate, moves to raise his demand for damages as requested in Claim No. 95981 pursuant to CPLR 3025(b).


The Court has considered the following papers in connection with this motion:
  1. DECISION, Lebous, J., Claim No. 95981, filed August 24, 2000.
  2. Interlocutory Judgment, Claim No. 95981, entered August 30, 2000.
  3. Notice of Motion No. M-62738, dated October 30, 2000, and filed November 3, 2000.
  4. Affidavit of Nathaniel Jackson, in support of motion, sworn to September 18, 2000.
The trial of this Claim was held on July 12, 2000 on the issue of liability only. This Court issued a Decision & Order apportioning liability 25% to the State and 75% to Claimant for personal injuries sustained as the result of a slip and fall accident on April 2, 1997. (Nathaniel Jackson v State of New York, Ct Cl., August 24, 2000, Lebous, J., Claim No. 95981). An Interlocutory Judgment was entered on August 30, 2000. A trial on the issue of damages has not yet been scheduled.


By way of this motion, Claimant seeks to raise the ad damnum from the $100,000 as requested in the original Claim to "500,000, for past pain and suffering, 500,000 for loss of life enjoyment and 900,000 for diminish of earning capacity" for a new total of $1.9 million. (Affidavit in Support of Nathaniel Jackson, ¶ 4).


This Court's rules state that pleadings may be amended in the manner provided by CPLR 3025. (Uniform Rules for the Court of Claims [22 NYCRR] § 206.7 [b]). Although CPLR 3025 (b) states that such leave should be freely given, such a motion to amend the ad damnum clause is directed to the sound discretion of the Court based upon the consideration of various factors including:
[t]he facts on which the additional sum is based, the reason why that sum was not sought at the outset, a strong affidavit of merit, and an assurance to the court that the application is being made promptly upon the uncovering of the new facts.

(Siegel, NY Prac § 237, at 381 [3rd ed]).


Here, Claimant's only relevant statement in support of this request is that "[s]ince having filed the claim, claimants injuries have been medically determined, as having a degeneration in the neck, back and left knee." (Affidavit in Support of Nathaniel Jackson, ¶ 3). Claimant has failed to make any evidentiary showing that his damages are more than originally claimed and, as such, the request is patently insufficient. (Posner v Central Synagogue, 202 AD2d 284, lv denied 83 NY2d 953).


Accordingly, for the reasons stated above, it is ORDERED that Claimant's motion, Motion No. 62738, to raise the ad damnum clause in Claim No. 95981, is DENIED.


January 17, 2001
Binghamton, New York
HON. FERRIS D. LEBOUS
Judge of the Court of Claims