New York State Court of Claims

New York State Court of Claims

DRUMMOND v. THE STATE OF NEW YORK, #2006-016-071, Claim No. 112382, Motion No. M-72026


Synopsis


Motion to strike affirmative defenses was granted.

Case Information

UID:
2006-016-071
Claimant(s):
JAMES DRUMMOND
1 1.The caption has been amended to reflect that the sole proper defendant is the State of New York.
Claimant short name:
DRUMMOND
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption has been amended to reflect that the sole proper defendant is the State of New York.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
112382
Motion number(s):
M-72026
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
James Drummond, Pro se
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Mary B. Kavaney, Esq., AAG
Third-party defendant’s attorney:

Signature date:
November 3, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

James Drummond moves to strike the State’s affirmative defenses. In his claim, Mr. Drummond alleges that while sitting in the Otisville Correctional Facility mess hall, a glass window 15 feet above his table suddenly shattered and pieces of glass entered his left eye. The affirmative defenses in question essentially allege culpable conduct on the part of claimant in causing his alleged injuries. Defendant states that it does not oppose the striking of such affirmative defenses.

Accordingly, in view of the foregoing, having reviewed the submissions[2], IT IS ORDERED that motion no. M-72026 be granted and that the affirmative defenses contained in paragraphs 2 and 3 of defendant’s answer shall be deemed stricken.

November 3, 2006
New York, New York

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




  1. [2]The following were reviewed: claimant’s notice of motion with affidavit in support; and defendant’s August 25, 2006 letter.