New York State Court of Claims

New York State Court of Claims

RUFRANO v. THE STATE OF NEW YORK, #2006-028-568, Claim No. 108016, Motion No. M-71714


Synopsis



Case Information

UID:
2006-028-568
Claimant(s):
DOREEN RUFRANO and DOREEN RUFRANO, Individually and as Mother and Natural Guardian of Joseph Michael Strohm, an Infant Under the Age of Fourteen (14) Years
Claimant short name:
RUFRANO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108016
Motion number(s):
M-71714
Cross-motion number(s):

Judge:
RICHARD E. SISE
Claimant’s attorney:
RUSK, WADLIN, HEPPNER & MARTUSCELLO, LLPBY: Dana D. Blackmon, Esq.
Defendant’s attorney:
HON. ELIOT SPITZER, ATTORNEY GENERAL
BY: Joseph F. Romani, Esq.Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
July 21, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers were read on Claimants’ motion:

(1) Notice of Motion filed May 10, 2006 with Affirmation in Support of Dana D. Blackmon, Esq. (Blackmon Affirmation) and Affidavit of Doreen Strohm f/k/a Doreen Rufrano (Rufrano Affidavit) with annexed Exhibit A; and

(2) Affirmation of Joseph F. Romani, AAG filed May 8, 2006.

Filed Papers: Claim filed July 17, 2003; Verified Answer filed August 28, 2003.


Claimant Doreen Strohm f/k/a Doreen Rufrano moves for an order discontinuing with prejudice that portion of this Claim instituted on behalf of her infant son, Joseph Michael

Strohm, pursuant to CPLR § 3217 (b). The State of New York (hereinafter "State") does not oppose the discontinuance.

This Claim alleges causes of action on behalf of Doreen Rufrano, individually, and as parent and natural guardian of her infant son, Joseph Michael Strohm, arising from an automobile accident that occurred on March 13, 2002.[1] More specifically, it is alleged that both Mrs. Rufrano and her son were passengers in a vehicle owned and operated by Mrs. Rufrano's sister which collided with a State Department of Environmental Conservation vehicle on that date in the Town of Middletown, New York. With respect to the infant Claimant, who was sixteen months old at the time, the Claim alleges he suffered "emotional trauma" and injuries to "the body of the infant child" caused by this accident (Claim, ¶ 7).

Now, Claimant requests a dismissal of the infant Claimant's cause of action with prejudice because the infant did not sustain a serious injury due to the March 13, 2002 accident. Mrs. Rufrano states that the infant Claimant did not sustain any injuries in this accident and has not been seen by any medical providers in relation to this accident with the exception of the emergency room visit on the date of this accident nearly four years ago (Rufrano Affidavit, ¶ 6). Moreover, Mrs. Rufrano indicates that her son was never provided with any no-fault benefits, nor were any medical reports generated regarding any medical conditions due to the accident (Rufrano Affidavit, ¶ 8). Claimants' counsel avers that the ramifications of discontinuance have been explained to Mrs. Rufrano (Blackmon Affirmation, ¶ 12). In sum, the information provided to this Court indicates that the infant Claimant, Joseph Michael Strohm, did not suffer a serious injury in relation to the March 13, 2002 automobile accident.

Consequently, Claimant's motion to discontinue with prejudice that portion of the Claim instituted on behalf of the infant Claimant, Joseph Michael Strohm, Motion No. M-71714, is GRANTED.



July 21, 2006
Albany, New York

HON. RICHARD E. SISE
Judge of the Court of Claims



[1].The parties have apparently reached a settlement with respect to Mrs. Rufrano's cause of action.