New York State Court of Claims

New York State Court of Claims

MUCKOVA v. STATE OF NEW YORK, #2002-005-508, Claim No. 97318, Motion No. M-64504


Synopsis


Claimant's motion for an order permitting the filing of an amended claim is granted.

Case Information

UID:
2002-005-508
Claimant(s):
IN THE MATTER OF THE CLAIM OF NATASHA MUCKOVA, M.D.
Claimant short name:
MUCKOVA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
97318
Motion number(s):
M-64504
Cross-motion number(s):

Judge:
DONALD J. CORBETT, JR.
Claimant's attorney:
Schell & Schell, P.C.By: George A. Schell, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: James L. Gelormini, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 28, 2002
City:
Rochester
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

On February 20, 2002, the following papers, numbered 1 to 8, were read on motion by Claimant for an order permitting the filing of an amended claim:

1, 2 Notice of Motion, Affidavit and Exhibits Annexed
  1. Opposing Affirmation and Exhibits Annexed
  2. Claimant's Affidavit in Opposition in Motion No. M-63247
5, 6 Defendant's Affirmations in Support in Motion No. M-63247

7,8 Filed Papers: Claim, Answer

Upon the foregoing papers, and after hearing George A. Schell, Esq., on behalf of Claimant and James L. Gelormini, Esq., on behalf of Defendant, the motion is granted.

Claimant seeks to amend her claim to convert allegations made in the original claim upon information and belief into factual allegations based upon discovery and disclosure including depositions. Such factual information and assertions were unavailable to Claimant until she served and filed her claim, and then had the ability to obtain such discovery and disclosure.

The amendments sought do not prejudice the Defendant and clarify and correct assertions originally made upon information and belief and can only serve to benefit the parties and the Court at the trial of this matter. Such leave shall be freely given (CPLR 3025[b]).

Accordingly, the motion is granted, and Claimant shall serve and file her verified amended claim, as appended to her motion papers (with one typographical error in a date to be corrected), within 30 days of service of a file-stamped copy of this order.


February 28, 2002
Rochester, New York

HON. DONALD J. CORBETT, JR.
Judge of the Court of Claims