New York State Court of Claims

New York State Court of Claims

SEVENTH DUNKIN' DONUTS v. THE STATE OF NEW YORK, #2002-015-242, Claim No. 103411, Motion No. M-64579


Motion pursuant to 22 NYCRR 206.21 (g) (2) and CPLR 3124 to extend appraisal filing deadline and to compel claimant to submit to discovery is granted in part an denied in part.

Case Information

Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Claimant's attorney:
Siegel Fenchel & Peddy, P.C.By: Saul R. Fenchel, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: John J. Pickett, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
April 18, 2002
Saratoga Springs

Official citation:

Appellate results:

See also (multicaptioned case)


The State's motion seeking an order permitting a further extension of defendant's time to file its appraisal and expert reports pursuant to Rule 206.21 (g) (2) of the Uniform Rules for the Court of Claims, to extend the Court ordered February 6, 2002 deadline for disclosure and for an order pursuant to CPLR 3124 compelling the claimant to submit to discovery is granted in part and denied in part as moot. The instant claim seeks to recover $300,000 in damages allegedly sustained as a result of the appropriation of a portion of claimant's land located in the City of Troy, New York for highway improvements pursuant to Highway Law § 30 and the Eminent Domain Procedure Law. The claim was filed on November 20, 2000 and a preliminary conference was conducted by the Court on February 6, 2001 after which an order dated February 13, 2001 was issued establishing a February 6, 2002 deadline for completion of discovery and the filing of a note of issue. Thereafter, the time for filing appraisals and expert reports was extended to November 20, 2001 by letter of the Court dated May 1, 2001. A second extension until January 20, 2002 was accomplished by way of a stipulation which was "so ordered" by the Court on November 30, 2001 and issued under cover of the Court 's letter bearing the same date advising the parties that any additional request to extend the appraisal filing deadline must be made by motion on notice showing unusual and substantial circumstances. The defendant now moves for such relief. The claimant has not opposed the motion.

Prior to the filing of the motion with the Clerk defense counsel by letter dated January 10, 2002 requested a discovery conference with the Court pursuant to 22 NYCRR § 206.8(b) to address unresolved discovery issues including claimant's failure to appear for a deposition noticed for December 12, 2001 and to supply certain documents. The discovery conference was held on January 25, 2002 at which time the parties agreed to conduct the previously scheduled examination before trial on March 12, 2002 and to extend the date for completion of discovery and filing of the note of issue to August 6, 2002. Claimant's attorney advised the Court at the conference that claimant had no objection to the defendant's request to extend the date for filing of the State's appraisal. Claimant has not opposed the instant motion. The Court is satisfied from the unrefuted allegations of defense counsel contained in his affirmation in support of the motion that unusual and substantial circumstances have prevented the State from filing its appraisal within the time established therefor in the November 16, 2001 stipulation so ordered by the Court on November 30, 2001. Accordingly, the defendant's motion is granted and the State's time to file its appraisal and expert reports is hereby extended to July 15, 2002. The defendant's additional requests for relief were rendered moot by the parties' agreement to reschedule the December 12, 2001 examination before trial and by the Court's order dated January 25, 2002 which, inter alia, extended the date for completion of discovery and the filing of the note of issue to August 6, 2002.

Defendant's motion is granted in part and denied in part as noted above.

April 18, 2002
Saratoga Springs, New York

Judge of the Court of Claims

The Court considered the following papers:
  1. Notice of motion dated January 14 2002;
  2. Affirmation of John J. Pickett dated January 14, 2002, with exhibits;
  3. Order extending time to complete disclosure and file a note of issue dated January 25, 2002.