New York State Court of Claims

New York State Court of Claims

SBU v. STATE OF NEW YORK, #2006-018-507, Claim No. 107502, Motion No. M-70973


Synopsis


Claimant's motion to amend the claim is granted.

Case Information

UID:
2006-018-507
Claimant(s):
SAVINGS BANK OF UTICA
Claimant short name:
SBU
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107502
Motion number(s):
M-70973
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
DEVORSETZ STINZIANO GILBERTI HEINTZ & SMITH, P.C.By: Kevin G. Roe, Esquire
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: Roger B. Williams, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
January 23, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant brings a motion to amend the claim to change the caption to reflect

Claimant's new name and to increase the ad damnum clause sought for severance and/or consequential damages from $250,000 to $870,000. Defendant does not oppose the motion.

This is an appropriation claim and Claimant asserts that it estimated the amount of damages at the time the claim was drafted. After completion of the appraisal report, additional damages were attributed to the taking. As a result, Claimant seeks to increase the amount sought in the ad damnum clause to $870,000, increasing the total amount of damages sought to $1,120,000 to be consistent with its appraisal.

Additionally, Savings Bank of Utica has changed its name to Partners Trust Bank. Before or after judgment, leave to amend pleadings shall be freely given within the discretion of the trial court upon such terms as may be just absent prejudice to the opposing party (CPLR 3025[c]; Loomis v Corinno Corp., 54 NY2d 18). Prejudice does not result from merely the exposure of the defendant to greater liability, but instead involves limiting the defendant's ability to prepare its case or eliminating an opportunity it could have had to support its position (Id. at 18, 23). In this case, there is no prejudice to the Defendant and none has been asserted.

Claimant's motion is GRANTED. Claimant is directed to sign and verify an amended claim as attached to the moving papers and file and serve the same within 30 days of the date this Decision and Order is filed with the Clerk of this Court.

January 23, 2006
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court has considered the following documents in deciding this motion:


Notice of Motion........................................................................................................1


Affirmation of Kevin G. Roe, Esquire, in support, with exhibits attached thereto......2


Memorandum of Law in support................................................................................3


Letter dated December 6, 2005, from Roger B. Williams, Esquire,

Assistant Attorney General, stating the Defendant will pose

no opposition..................................................................................................4