New York State Court of Claims

New York State Court of Claims

HOPKINS v. THE STATE OF NEW YORK, #2002-010-015, Claim No. 104844/104972, Motion No. M-64584


Synopsis


Claimant's motion to strike defendant's affirmative defenses is denied.

Case Information

UID:
2002-010-015
Claimant(s):
KENTLIN HOPKINS
Claimant short name:
HOPKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104844/104972
Motion number(s):
M-64584
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
KENTLIN HOPKINSPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 26, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion to strike defendant's affirmative defenses:
Notice of Motion, Claimant's Supporting Affidavit.................................................1

Affirmation in Opposition........................................................................................2

Filed Papers: Claim Nos. 104844 and 104972; Defendant's Answer to Claim No. 104972

Although not clearly articulated, it appears from Claimant's Supporting Affidavit that he seeks to dismiss defendant's affirmative defenses based upon res judicata and lack of jurisdiction (Claimant's Supporting Affidavit, ¶ 13). It is also unclear as to why claimant refers to Claim No. 104844 because there is no answer filed with regard to that claim. Additionally, with regard to defendant's answer to Claim No. 104972, there is no affirmative defense asserting res judicata and defendant properly raised, with sufficient particularity, lack of jurisdiction at ¶ 11 of its answer.

Accordingly, claimant's motion is DENIED.


February 26, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims