New York State Court of Claims

New York State Court of Claims

TALT v. THE STATE OF NEW YORK, #2004-028-530, Claim No. 106629, Motion No. M-68041


Synopsis


Case Information

UID:
2004-028-530
Claimant(s):
JOHN F. TALT
Claimant short name:
TALT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106629
Motion number(s):
M-68041
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant's attorney:
FRIEDMAN, LEVY & GOLDFARB, P.C.BY: David J. Kresman, Esq.
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Gail Pierce-SiponenAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 3, 2004
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In reaching its decision, the Court has read and considered the following papers:


(1) Notice of Motion dated February 2, 2004 filed on February 5, 2004;

(2) Affirmation in Support of David J.Kresman, Esq., dated February 1, 2004 and filed on February 5, 2004, together with Exhibits "A-F" (hereinafter referred to as Kresman Affirmation);


(3) Claimant's Memorandum of Law, dated February 1, 2004 with Exhibit 1;

(4) Affirmation in Response of Assistant Attorney General Gail Pierce-Siponen, dated February 9, 2004 and filed on February 10, 2004;


Filed papers: Claim, Answer.

In the present motion, the attorney for the Claimant seeks to amend his pleading to indicate that the Claimant, John F. Talt, has suffered a "serious injury" as defined by §5102(d) of the Insurance Law. The Office of the Attorney General takes no position regarding the motion.

After reviewing all of the filed and submitted papers, the court finds that no prejudice will result from the amendment, and that the amendment appears to be meritorious. Further, the failure to include the allegation is not jurisdictional (Leslie v State of New York, Claim No. 96451, Motion No. M-61088, Corbett, J. dated July 13, 2001, Exhibit 1 annexed to Memorandum of Law).

Accordingly, the motion is granted and the Claimant shall file an amended claim within twenty (20) days from the date of this Decision and Order.



May 3, 2004
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims