New York State Court of Claims

New York State Court of Claims

HOWLETT v. THE NEW YORK STATE THRUWAY AUTHORITY, #2005-010-022, Claim No. 100807, Motion No. M-69825


Synopsis


Defendant's motion for an Order striking the Note of Issue is denied.

Case Information

UID:
2005-010-022
Claimant(s):
GERALD HOWLETT AND JOAN HOWLETT
Claimant short name:
HOWLETT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100807
Motion number(s):
M-69825
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
SACKS AND SACKS, LLPBy: Andrew R. Diamond, Esq.
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New York
By: FABIANI & COHEN, LLPJohn G. Caulfield, Esq.
Third-party defendant's attorney:

Signature date:
March 29, 2005
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 defendant's motion and oral argument was heard on March 28, 2005:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits........................1

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

Attorney's Reply Affirmation in Opposition and Exhibit........................................3

Upon consideration of all the papers and the arguments advanced by counsel, the Court finds that each of the attorneys have practiced in a manner which this Court finds to be less than exemplary.

Defendant's motion for an Order striking the Note of Issue is DENIED and the trial will proceed as scheduled for April 25, 2005 thru April 27, 2005.


March 29, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims