New York State Court of Claims

New York State Court of Claims

ALLSTATE v. THE STATE OF NEW YORK, #2002-010-058, Claim Nos. 105606, 106449, Motion No. M-65784


Synopsis


Defendant's motion to consolidate and dismiss Claim Nos. 105606 and 106449 is denied.

Case Information

UID:
2002-010-058
Claimant(s):
ALLSTATE INSURANCE COMPANY, as Subrogee of Norma D. Arroyo
Claimant short name:
ALLSTATE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105606, 106449
Motion number(s):
M-65784
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
LAW OFFICES OF ROBERT G. MAZEAUBy: James J. Bonicos, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Richard Lombardo, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 27, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-3 were read and considered by the Court and oral argument was heard on November 27, 2002 on defendant's motion to consolidate and dismiss Claim Nos. 105606 and 106449:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits.......................1

Attorney's Affirmation in Opposition......................................................................2

Attorney's Reply Affirmation and Exhibit...............................................................3

Upon oral argument, claimant withdrew Claim No. 106449 and the Court GRANTED claimant's application for permission to serve the State, on this date, with a copy of Claim No. 105606. Claimant also sought an extension of time to serve the State with an amended Claim No. 105606 which includes the time of the accident and the items of damage allegedly sustained. After due deliberation, the Courts orders that:
1) Defendant's motion to consolidate is moot in light of claimant's withdrawal of Claim No. 106449;

2) Defendant's motion to dismiss Claim No. 105606 is DENIED;

3) Claimant's application for an extension of time to serve the State with a amended Claim No. 105606 is hereby GRANTED and claimant shall serve and file the amended claim in accordance with the Court of Claims Act on or before December 11, 2002.

November 27, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims