New York State Court of Claims

New York State Court of Claims

RING v. THE STATE OF NEW YORK, THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, #2001-031-005, Claim No. 99274, Motion No. M-64348


Synopsis


Claimants' unopposed motion to amend the ad damnum of their claim is granted.

Case Information

UID:
2001-031-005
Claimant(s):
SHELLEY RING and RONALD RING
Claimant short name:
RING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99274
Motion number(s):
M-64348
Cross-motion number(s):

Judge:
RENÉE FORGENSI MINARIK
Claimant's attorney:
CHELUS, HERDZIK & SPEYER, MONTE & PAJAK, P.C.BY: GREGORY V. PAJAK, ESQ.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General of the State of New York
BY: GREGORY P. MILLER, ESQ.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 24, 2001
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-4 were read and considered by the Court on Claimants' motion to amend the ad damnum clause of their claim: Notice of Motion dated August 29, 2001 1

Affirmation of Claimants' counsel dated August 29, 2001,

and attached exhibits 2

Claimant Shelley Ring's Affidavit sworn to September 5, 2000 3

Undated Affirmation of Dr. James G. Egnatchik 4


Claimants seek to amend their claim by increasing the ad damnum clause from $750,000.00 to $3,000,000.00. CPLR 3025(b) states that leave to amend shall be freely granted. There is no apparent prejudice to Defendant which would result from granting the application and Defendant has indicated that it does not oppose the motion.

Accordingly, Claimants' motion is hereby GRANTED and the claim shall be deemed amended to reflect $3,000,000.00 in the ad damnum clause.

December 24, 2001
Rochester, New York

HON. RENÉE FORGENSI MINARIK
Judge of the Court of Claims