New York State Court of Claims

New York State Court of Claims

GRAY v. THE STATE OF NEW YORK, YORK COLLEGE and CITY COLLEGE OF NEW YORK, #2008-016-041, Claim No. 111060, Motion No. M-74637


Synopsis


Discovery motion was denied as moot.

Case Information

UID:
2008-016-041
Claimant(s):
CLAUDETTE GRAY
Claimant short name:
GRAY
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK, YORK COLLEGE and CITY COLLEGE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111060
Motion number(s):
M-74637
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Bergman, Bergman, Goldberg & Lamonsoff, LLPBy: Allen Goldberg, Esq.
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Andrea R. Hazell, Esq., AAG
Third-party defendant’s attorney:

Signature date:
August 13, 2008
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In the underlying claim, it is alleged that on January 24, 2004, Claudette Gray tripped and fell while entering the York College Performing Arts Center to attend a dance recital. Defendant moves to compel certain discovery, to wit, authorizations to obtain tax returns, employment records, and the legal files of attorneys who represented claimant in connection with a disability claim and a lawsuit arising from 1988 and 2001 incidents, respectively, in which she was injured. Subsequent to the making of this motion, Ms. Gray apparently executed and provided to defendant the requested authorizations for tax returns and legal files. See ¶4 to the May 7, 2008 affirmation of Allen Goldberg and exhibit A thereto. As to authorizations to obtain records from claimant’s employers, claimant’s deposition (see pp. 96-108 of exhibit E to defendant’s moving papers) indicates that she has been self-employed since 1992.

In view of the foregoing, having reviewed the submissions[1], IT IS ORDERED that motion no. M-74637 be denied as moot.

August 13, 2008
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: defendant’s notice of motion with affirmation in support and exhibits A through H; and claimant’s affirmation in opposition with exhibit A.