New York State Court of Claims

New York State Court of Claims

GATLING v. THE STATE OF NEW YORK, #2007-033-233, Claim No. 110560, Motion No. M-72502


Synopsis



Case Information

UID:
2007-033-233
Claimant(s):
KRYSTAL GATLING
Claimant short name:
GATLING
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110560
Motion number(s):
M-72502
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Isaacson, Schiowitz & Korson, LLPBy: Martin Schiowitz, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney General
Third-party defendant’s attorney:

Signature date:
March 14, 2007
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim was brought by Krystal Gatling (hereinafter “claimant”) for injuries claimant allegedly suffered while a resident at the Brentwood Residential Center, Brentwood, New York, on March 16, 2003.

The claim was filed on February 25, 2005. Claimant served a demand for production of documents on defendant on or about November 21, 2005. A preliminary conference was held with the Court on May 9, 2006. At that time, the Court ordered defendant to respond to claimant’s November 21, 2005 demand by June 15, 2006. In the moving papers, claimant alleges further dates by which defendant was ordered or promised to respond to the November 21, 2005 demand. Claimant avers that defendant has not produced the documents.


Claimant moves this Court for an order directing defendant to produce the documents by a date certain or have the answer stricken[1].

Defendant has not submitted any opposition to this motion.

Accordingly, claimant’s motion is granted. Defendant is directed to respond to the November 21, 2005 demand for document production within sixty (60) days of the filing date of this Decision and Order. In the event defendant fails to meet this deadline, the defendant’s answer is stricken.


March 14, 2007
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].The following papers have been read and considered on claimant’s motion: Notice of Motion dated November 2, 2006 and filed November 6, 2006; Affirmation of Martin Schiowitz, Esq. with annexed Exhibits A-B dated November 2, 2006 and filed November 6, 2006.