Defendant has timely brought this motion seeking an order striking the Note of
Issue and Certificate of Readiness which has been filed with the Clerk of the
The following papers were considered by the Court in connection with this
Notice of Motion, Affirmation in Support, with Exhibits 1,2
Affirmation in Opposition, with Exhibits 3
In this claim, claimant seeks damages for personal injuries allegedly suffered
by him when he tripped and fell at the entranceway to the State Office Building
in Syracuse, New York on April 11, 2006. His claim was filed with the
Clerk of the Court of Claims on March 28, 2008. Subsequently, claimant brought
a motion to dismiss certain defenses asserted by the defendant in its Verified
Answer, and a Decision and Order
of this Court
disposing of this motion was filed on October 7, 2008. Claimant thereafter
filed a Note of Issue and Certificate of Readiness on February 26, 2009, and
served this Note of Issue and Certificate of Readiness upon the Attorney General
on February 25, 2009.
In her Affirmation in support of this motion, defendant’s attorney
affirms that depositions have not yet been conducted, discovery demands are
outstanding (defendant apparently served its discovery demands concurrently
with this motion) and complete medical records have not been obtained.
Based on the foregoing, defendant has established to the satisfaction of this
Court that this claim is not ready for trial, and that the Note of Issue and
Certificate of Readiness should therefore be stricken (§ 206.12[d] of the
Uniform Rules for the Court of Claims).
Accordingly, it is
ORDERED, that Motion No. M-76451 is hereby GRANTED; and the Clerk of the Court
of Claims is directed to strike the Note of Issue and Certificate of Readiness
previously filed in this claim; and it is further
ORDERED, that claimant shall have 45 days from the date of filing of this
Decision and Order to respond to the discovery demands of the defendant; and it
ORDERED, that all discovery and depositions shall be completed on or before
January 22, 2010, and a Note of Issue and Certificate of Readiness shall be
served and filed by claimant by February 19, 2010.