New York State Court of Claims

New York State Court of Claims

LARRY v. THE STATE OF NEW YORK, #2002-011-593, Claim No. 104322, Motion No. M-65552


Synopsis


Claimant's motion for purpose of having defendant admit to genuineness of certain documents relevant to prosecution of claim is denied.

Case Information

UID:
2002-011-593
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-65552
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 brought this motion for the purpose of having defendant admit to the

genuineness of certain documents relevant to prosecution of the claim. CPLR 3123 provides that a party may serve upon any other party a written request for admission by the latter of the genuineness of any papers or documents. As the language in the section indicates a party seeking such an admission should proceed by notice. Here, claimant has not served such a notice and based on his failure to follow the procedure set forth in the statute, the motion 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 June 24, 2002
2. Affidavit in Support of Mark Larry sworn to the 24th day of June, 2002 with exhibits annexed
3. Affirmation in Opposition of Michael W. Friedman, Esq. dated August 19, 2002