New York State Court of Claims

New York State Court of Claims

ALDUEY v. STATE OF NEW YORK, #2003-018-209, Claim No. 101683, Motion No. M-66174


Synopsis


Defendant's motion for summary judgment is denied without prejudice as premature. Defendant's request for a preclusion order is granted unless within 30 days from service of a copy of this Order with Notice of Entry upon claimant, the claimant shall serve upon the attorney for the defendant his responses as more fully set forth in the Decision and Order.

Case Information

UID:
2003-018-209
Claimant(s):
CARLOS ALDUEY
Claimant short name:
ALDUEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101683
Motion number(s):
M-66174
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
CARLOS ALDUEYPRO SE
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: HEATHER R. RUBINSTEIN, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
March 26, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Defendant has brought this motion seeking an order of preclusion and summary judgment.
In this claim, claimant alleges that he suffered personal injuries to his forehead and a finger on his left hand on June 29, 1999, when he tripped and fell while entering the shower room at Cape Vincent Correctional Facility. The alleged injuries occurred while claimant was in the custody of the Department of Correctional Services, and he alleges that he did not receive proper medical attention for these injuries.
On or about July 19, 2000, defendant served its discovery demands on claimant, including its First Set of Interrogatories, Demand for Information Regarding Expert Witness, Demand for Medical Records and Authorizations, and Demand for Statements, Photographs, Videotapes and Names and Addresses of Witnesses.

Defendant has established due service of the demands. There is no indication that claimant has provided any response to these demands, nor has he submitted any papers in opposition to the instant motion.

Accordingly, based upon the papers before the Court, it is

ORDERED, that claimant is hereby compelled and directed to respond fully to and answer defendant's First Set of Interrogatories, Demand for Information Regarding Expert Witness, Demand for Medical Records and Authorizations, and Demand for Statements, Photographs, Videotapes and Names and Addresses of Witnesses, and serve his responses and/or the demanded items within 30 days from the service of a copy of this Order with Notice of Entry upon claimant; and it is further

ORDERED, that claimant is hereby precluded from offering any evidence or testimony as to which responses have not been provided, or which relates to the items demanded, unless, within 30 days from service of a copy of this Order with Notice of Entry upon claimant, the claimant shall serve upon the attorney for the defendant his responses and/or the items demanded in defendant's First Set of Interrogatories, Demand for Information Regarding Expert Witness, Demand for Medical Records and Authorizations, and Demand for Statements, Photographs, Videotapes and Names and Addresses of Witnesses; and it is further

ORDERED, that based upon the foregoing, defendant's application for an order of summary judgment is premature, and it is therefore denied without prejudice.

March 26, 2003
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The following papers were considered by the Court in connection with this motion:
Notice of Motion, Affirmation in Support, with Exhibits...........................................1, 2