New York State Court of Claims

New York State Court of Claims

MARGARITIS v. THE STATE OF NEW YORK, #2005-015-001, Claim No. 104065, Motion Nos. M-69213, M-67912


Synopsis


Claimant who abandoned claim by moving to Greece without expectation of return to USA had claim dismissed for failure to appear at ordered conference. Dismissal rendered pending motion moot.

Case Information

UID:
2005-015-001
Claimant(s):
NICK MARGARITIS, as assignee of FIREMAN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY
Claimant short name:
MARGARITIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104065
Motion number(s):
M-69213, M-67912
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Nick Margaritis, Pro SeNo Appearance
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Arthur Patane, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 25, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Defendant's motion for an order dismissing the claim pursuant to Section 206.10 of the Uniform Rules for the Court of Claims is granted. Dismissal renders moot the State's motion to dismiss the claim pursuant to CPLR 3126 (3) which is, therefore, denied. Claimant, as assignee of Fireman's Insurance Company of Newark, New Jersey, commenced this action against the State seeking to recover damages arising from an alleged breach of contract (Contract No. D253359) by the New York State Department of Transportation (DOT). After commencement of the action but prior to any discovery being conducted Mr. Margaritis left the United States for Greece and has not returned. Citing his absence and refusal to cooperate with them in pursuing this claim, claimant's attorneys sought and obtained the Court's permission to withdraw. In its decision and order dated May 3, 2004 relieving Hollander & Strauss, LLP of its obligation to further represent the claimant the Court lifted a previously imposed stay of the defendant's then pending motion to dismiss the claim (M-67912). It further directed claimant to contact the Court within 45 days of service of the decision and order to provide the name and address of an attorney retained to represent him or to advise the Court of his intention to represent himself. Mr. Margaritis failed to comply with the decision and order in this regard.

By letter dated September 13, 2004 (movant's Exhibit C to Motion No. M-69213) the Court scheduled a conference in Chambers for September 28, 2004 at 10:00 a.m. to discuss claimant's failure to comply with the May 3, 2004 decision and order. The letter advised claimant that his failure to appear at the conference could result in the dismissal of the claim pursuant to 22 NYCRR 206.10 (f).

On September 28, 2004 defense counsel appeared at chambers but claimant neither appeared nor telephoned the Court to explain his failure to appear at the conference.

The instant motion, M-69213, which was unopposed is granted and the claim is hereby dismissed. The dismissal renders moot defendant's prior motion (M-67912) which is accordingly denied.


January 25, 2005
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:

Motion No. M-67912
  1. Notice of motion dated January 16, 2002 [sic];
  2. Affirmation of Arthur Patane dated January 16, 2004 with exhibits.


Motion No. M-69213
  1. Notice of motion dated October 7, 2004;
  2. Affidavit of Arthur Patane sworn to October 7, 2004 with exhibits;