New York State Court of Claims

New York State Court of Claims

VESPUCCI v. THE STATE OF NEW YORK, #2006-032-039, Claim No. 111348, Motion No. M-71131


Synopsis



Case Information

UID:
2006-032-039
Claimant(s):
AMERIGO VESPUCCI
1 1.The caption of this action has been amended by the Court, sua sponte, to indicate that the State of New York is the only properly named defendant.
Claimant short name:
VESPUCCI
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The caption of this action has been amended by the Court, sua sponte, to indicate that the State of New York is the only properly named defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111348
Motion number(s):
M-71131
Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant’s attorney:
Amerigo Vespucci, Pro Se
Defendant’s attorney:
Hon. Eliot Spitzer, NYS Attorney General
By: Dennis M. Acton, Assistant Attorney General, Of Counsel
Third-party defendant’s attorney:

Signature date:
May 2, 2006
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves this Court for an order pursuant to CPLR 3025 (b) to amend his claim, in essence, to clarify and amplify his allegations. Defendant does not oppose this relief.

It is well settled that leave to amend pleadings should be freely granted unless the amendment plainly lacks merit or there is prejudice to the nonmoving party (see Smith v Haggerty, 16 AD3d 967 [3d Dept 2005]). Here, claimant filed his claim in September 2005, alleging inadequate health care beginning in June 2005, for failure to provide dental implants. Thereafter, defendant interposed an answer. In his application, claimant appends a proposed amended claim. Upon review, the proposed amended claim clarifies and provides more factual detail than the prior pleading. As such, and inasmuch as the Court discerns no prejudice to defendant and does not determine that the amendment is wholly without merit, the Court exercises its discretion and allows the amendment. Claimant is accorded 45 days from the filing of this Decision and Order to file and serve the amended claim. Defendant shall file and serve its answer to the amended claim within 45 days of service by claimant.

Accordingly, claimant's motion M-71131 is granted.



May 2, 2006
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims


Papers Considered:


1. Notice of Motion filed December 30, 2005;

2. Affidavit of Amerigo Vespucci sworn to December 20, 2005; proposed amended claim annexed;

3. Letter of Dennis M. Acton received January 17, 2006.

Filed Papers: Claim; Verified Answer