New York State Court of Claims

New York State Court of Claims

LARKINS v. THE STATE OF NEW YORK, #2004-030-554, Claim No. 106697, Motion No. M-68341


Synopsis



Case Information

UID:
2004-030-554
Claimant(s):
DAVID LARKINS
Claimant short name:
LARKINS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
106697
Motion number(s):
M-68341
Cross-motion number(s):

Judge:
THOMAS H. SCUCCIMARRA
Claimant's attorney:
DAVID LARKINS, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, NEW YORK STATE ATTORNEY GENERALBY: DEWEY LEE, ASSISTANT ATTORNEY GENERAL
Third-party defendant's attorney:

Signature date:
July 27, 2004
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1 to 5 were read and considered on Claimant's motion


for an order "granting claimant to obtain discovery by means of interrogatories:"

1,2 Notice of Motion; Affidavit in Support of Motion for leave to serve Interrogatories by David Larkins, Claimant, with Interrogatories attached

  1. Affirmation in Opposition by Dewey Lee, Assistant Attorney General
4,5 Filed Papers: Claim, Answer

After carefully considering the papers submitted and the applicable law the motion is disposed of as follows:

Denied. As noted by the Assistant Attorney General, there is no requirement that a party must seek leave of Court to serve interrogatories upon another party, except in negligence actions where a deposition of the same party has been sought. See Civil Practice Law and Rules §3130(1); See generally Civil Practice Law and Rules §§3131, 3132 and 3133. The circumstances described in the statute do not apply herein. Accordingly, this is an unnecessary motion.

Motion Number M-68341 is hereby in all respects denied.

July 27, 2004
White Plains, New York

HON. THOMAS H. SCUCCIMARRA
Judge of the Court of Claims