New York State Court of Claims

New York State Court of Claims

LOTT v. THE STATE OF NEW YORK, #2007-044-554, Claim No. 104563, Motion No. None


Synopsis

Claimant's failure to appear at trial in pro se claim resulted in dismissal of claim pursuant to Court of Claims Act §19 (3)

Case Information

UID:
2007-044-554
Claimant(s):
LEONARD E. LOTT
Claimant short name:
LOTT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104563
Motion number(s):
None
Cross-motion number(s):

Judge:
CATHERINE C. SCHAEWE
Claimant’s attorney:
LEONARD E. LOTT, pro se
Defendant’s attorney:
HON. ANDREW M. CUOMO, ATTORNEY GENERALBY: Geoffrey B. Rossi, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 26, 2007
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

.
Decision

Defendant orally moved to dismiss this claim for claimant's failure to appear at trial. Trial was scheduled for June 26, 2007 on the issues of both liability and damages. Claimant, who was proceeding pro se, was aware of the trial date, as he had participated via telephone in a pre-trial conference on May 14, 2007. Moreover, claimant had made a motion to the Court requesting that certain witnesses be subpoenaed to testify on his behalf.[1] On June 26, 2007, defendant's counsel appeared and advised the Court that defendant was ready for trial. Claimant did not appear. Defendant's counsel moved to dismiss the claim for claimant's failure to appear and prosecute, pursuant to Court of Claims Act § 19 (3). The Court orally granted defendant's motion, and now issues this Decision and Order thereon.

Defendant's counsel's motion to dismiss the claim is granted. Claimant's failure to appear at trial and prosecute this action warrants dismissal of the claim pursuant to Court of Claims Act § 19 (3) (see e.g. Shabazz v State of New York, 191 AD2d 832, 833 [1993], lv dismissed and denied 82 NY2d 736 [1993]).

Claim No. 104563 is hereby dismissed.

June 26, 2007
Binghamton, New York

HON. CATHERINE C. SCHAEWE
Judge of the Court of Claims




[1]. The Court did not issue the subpoenas requested by claimant, due to his failure to show that the testimony would be material and necessary by setting forth the substance of his proposed witnesses' testimony. However, the Court would like to express its appreciation for the cooperation rendered in this matter by Assistant Attorney General Geoffrey B. Rossi, who assisted the Court by providing the locations of the potential witnesses and by facilitating the appearance of the most relevant of claimant's requested witnesses.