New York State Court of Claims

New York State Court of Claims

VIDAL v. THE STATE OF NEW YORK, #2002-016-037, Claim No. 104099, Motion No. M-64836


Synopsis


Motion to compel answers under oath to interrogatories was granted.

Case Information

UID:
2002-016-037
Claimant(s):
JOSEPH VIDAL
Claimant short name:
VIDAL
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104099
Motion number(s):
M-64836
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Joseph Vidal
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Joseph F. Romani, AAG
Third-party defendant's attorney:

Signature date:
April 10, 2002
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his underlying claim, Joseph Vidal asserts that defendant was negligent in connection with an incident in which he was assaulted by another inmate at Sullivan Correctional Facility. This is claimant's motion for an order directing defendant to provide answers under oath to certain interrogatories. Vidal propounded interrogatories upon five correction officers. On July 19, 2001, defendant submitted answers from four of the officers and on August 9, 2001, from the remaining officer. Defendant concedes that the answers were not made under oath and requests sixty days to resubmit them to claimant so as to comply with CPLR 3133(b), which requires that they be made under oath.

Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-64836 be granted and within sixty (60) days of the filing of this order, defendant shall provide to claimant answers under oath to the aforementioned interrogatories.


April 10, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's notice of motion with affidavit in support, memorandum of law, affidavit of good faith and exhibits A-H; and defendant's affirmation in response.