New York State Court of Claims

New York State Court of Claims

LARRY v. THE STATE OF NEW YORK, #2002-011-592, Claim No. 104322, Motion No. M-65596


Synopsis


Claimant's motion to compel a response to a request for admissions is denied.

Case Information

UID:
2002-011-592
Claimant(s):
MARK LARRY, DIN 87 T 1430
Claimant short name:
LARRY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104322
Motion number(s):
M-65596
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Mark Larry, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Michael W. Friedman, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
October 17, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant has moved to compel a response to a request for admissions. However, defendant

maintains that claimant has not, prior to the motion, served a request to admit. Though claimant has submitted a reply affidavit in which he maintains that he made his request in the manner set forth in CPLR 3123, he does not state when the request was served and has not provided a copy of the request. It appears that the service and filing of the papers on this motion is the initial demand for disclosure.

The proper method for obtaining disclosure is by stipulation or on notice without leave of court and not by motion (CPLR 3102). Inasmuch as claimant has failed to establish that a proper demand was served, the motion to compel a response is denied.


October 17, 2002
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Submitted:

1. Notice of Motion dated July 30, 2002
2. Affidavit in Support of Mark Larry sworn to the 31st day of July, 2002
3. Affirmation in Opposition of Michael W. Friedman, Esq. dated August 19, 2002
4. Unsworn Response to Opposition Papers dated August 19, 2002