New York State Court of Claims

New York State Court of Claims

NATIONAL GRANGE v. THE STATE OF NEW YORK, #2005-015-005, Claim No. 109481, Motion No. M-69270


Synopsis


Court granted motion to join related matters for trial.

Case Information

UID:
2005-015-005
Claimant(s):
NATIONAL GRANGE MUTUAL INSURANCE COMPANY
Claimant short name:
NATIONAL GRANGE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109481
Motion number(s):
M-69270
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Law Offices of Neil B. ConnellyBy: Neil B. Connelly, Esquire
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: C. Michael Reger, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 27, 2005
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)
2005-015-006


Decision

Claimant moved for a joint trial of the above-captioned claims on the basis that said claims arose out of a single contract with the New York State Department of Transportation (Contract No. D 257608) and the claims share common questions of fact and law. Defense counsel by letter dated November 16, 2004 has consented to the requested relief. Although on notice of the application the attorney for HCS Excavating, Inc. neither consented to nor opposed the motion. The motion is, therefore, granted and the matters are joined for trial. Each claim shall retain its separate identity and the joined matters shall hereafter be double captioned as set forth above in this decision.


January 27, 2005
Saratoga Springs, New York

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


The Court considered the following papers:
  1. Notice of motion dated October 15, 2004;
  2. Affirmation of Neil B. Connelly, dated October 15, 2004 with exhibits;
  3. Letter dated November 16, 2004 from C. Michael Reger.