New York State Court of Claims

New York State Court of Claims

SCAFE v. THE STATE OF NEW YORK, #2005-016-048, Claim No. 109357, Motion No. M-70147


Synopsis


Motion to strike affirmative defenses was denied.

Case Information

UID:
2005-016-048
Claimant(s):
RODERICK SCAFE
Claimant short name:
SCAFE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
109357
Motion number(s):
M-70147
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Roderick Scafe, Pro se
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, Esq., AAG
Third-party defendant's attorney:

Signature date:
July 6, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is Roderick Scafe's motion to strike the State's affirmative defenses. In his underlying claim, Mr. Scafe complains of medical treatment he received at Woodbourne Correctional Facility. The affirmative defenses are: (1) that whatever injuries or damages were sustained, were caused in whole or part by culpable conduct on the part of claimant; and (2) pursuant to Public Health Law §2805-d, subdivision 4, defendant is not liable to claimant based upon lack of informed consent.

Such affirmative defenses are not dispositive of this claim. Like the allegations in the claim itself, they are merely assertions made by a party. No prejudice has been identified by claimant which would warrant striking such affirmative defenses. See, e.g., 5 Weinstein-Korn-Miller, NY Civ Prac ¶3018.14 at 30-410. Accordingly, having reviewed the parties' submissions[1], IT IS ORDERED that motion no. M-70147 be denied.


July 6, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: claimant's motion papers dated April 23, 2005 with undesignated attachments; and defendant's affirmation in opposition.