New York State Court of Claims

New York State Court of Claims

STAVSKY v. THE NEW YORK STATE THRUWAY AUTHORITY AND THE STATE OF NEW YORK , #2004-010-029, Claim No. None, Motion No. M-68878


Synopsis


Claimant's late claim application is granted. The Court found that the proposed claim had an appearance of merit.

Case Information

UID:
2004-010-029
Claimant(s):
ELLIOTT STAVSKY (Deceased) by RUTH STAVSKY, Proposed Administratrix of the Estate of ELLIOTT STAVSKY, and RUTH STAVSKY
Claimant short name:
STAVSKY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
None
Motion number(s):
M-68878
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
LAW OFFICE OF HERSCHEL KULEFSKYBy: Arthur Sisser, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: John Healey, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
December 23, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-3 were read and considered by the Court on claimants' late claim application and oral argument was heard on December 8, 2004:
Notice of Motion, Attorney's Supporting Affirmation, Affidavit of Merit and Exhibits......................................................................................................................1

Attorney's Affirmation in Opposition......................................................................2

Attorney's Reply Affirmation and Exhibits..............................................................3

The proposed claim alleges that on April 5, 2004, Elliott Stavsky, who was almost 83 years old, tripped and fell on a broken curb at the Ardsley Service Plaza rest stop along the New York State Thruway. He was taken from the scene by ambulance and it was later determined that he had sustained a fractured hip. After surgery, he remained hospitalized for several weeks until he was transferred to a nursing home. He developed an infection, chest pains and kidney failure. He was transferred to North Shore Hospital where he died approximately two weeks later on June 21, 2004. On November 15, 2004, the decedent's wife was issued Letters of Administration. She now seeks leave to bring the proposed late claim alleging a claim for pain and suffering and wrongful death. Photographs of the scene were taken on July 13, 2004 and are included with this application (Notice of Motion, Ex. A). The affidavit of decedent's wife indicates that the photographs are an accurate representation of the condition as it existed on the date of the accident.

The Court has considered all of the papers and the arguments made during oral argument. Defendants did not oppose claimants' application with regard to the wrongful death claim. While defendants initially submitted opposition papers to claimants' application, at oral argument defendants' attorney conceded that he could not demonstrate any undue prejudice to defendants if the Court were to grant claimants' motion. Upon consideration of all the relevant factors regarding the pain and suffering claim, the Court rendered a decision from the bench. The Court found that the proposed claim had an appearance of merit and GRANTED claimants' application. The Court directed claimants to serve a claim upon defendants and to file the claim with the Court within 30 days of file-stamping of this Order.


December 23, 2004
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims