New York State Court of Claims

New York State Court of Claims

ROWE v. STATE OF NEW YORK, #2003-018-212, Claim No. 105038, Motion No. M-66198


Synopsis


Defendant's motion for pursuant to §§ 3124 and 3126 is granted.

Case Information

UID:
2003-018-212
Claimant(s):
WILLIAM ROWE
Claimant short name:
ROWE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105038
Motion number(s):
M-66198
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
WILLIAM ROWEPro 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:
April 21, 2003
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Defendant has brought this motion seeking an order of preclusion. In this claim, claimant alleges that he suffered personal injuries on June 21, 2001, when he was struck in the head with a paddleball racquet while he was playing handball in the recreational yard at Cape Vincent Correctional Facility. The alleged injuries occurred while claimant was in the custody of the Department of Correctional Services.
On or about November 16, 2001, defendant served its discovery demands on claimant, including a Demand for Verified Bill of Particulars, 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 Demand for Verified Bill of Particulars, 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 Verified Bill of Particulars and 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 Particulars have not been furnished, 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 full and complete Verified Bill of Particulars and the items demanded in defendant's Demand for Information Regarding Expert Witness, Demand for Medical Records and Authorizations, and Demand for Statements, Photographs, Videotapes and Names and Addresses of Witnesses.

April 21, 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