New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK AND NEW YORK STATE DEPARTMENT OF CORRECTIONS, #2006-010-012, Claim No. 110489, Motion No. M-71646


Synopsis


Claimant’s application to serve and file an Amended Claim is granted. .

Case Information

UID:
2006-010-012
Claimant(s):
ALVINA DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110489
Motion number(s):
M-71646
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
LARKIN, AXELROD, INGRASSIA & TETENBAUM, LLPBy: James Alexander Burke, Esq.
Defendant’s attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Dewey Lee, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 9, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-2 were read and considered by the Court on claimant’s application to serve and file an Amended Claim:
Notice of Motion, Attorney’s Supporting Affirmation and Exhibits........................1

Defendant’s Letter dated May 4, 2006 Taking No Position on the Motion..............2


Absent undue prejudice to defendant, leave to amend shall be freely granted (CPLR 3025[b]) and defendant has not shown any prejudice. Accordingly, claimant’s motion seeking leave to amend her claim in the same form as the Proposed Amended Claim[1] is hereby GRANTED and claimant shall, within 20 days of receipt of a filed-stamped copy of this Decision and Order, serve and file the Amended Claim in accordance with the procedures for service and filing of a claim as set forth in of the Court of Claims Act.


June 9, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1]. The caption shall be amended to reflect the only proper party defendant, the State of New York.