New York State Court of Claims

New York State Court of Claims

SHANNON v. THE STATE OF NEW YORK, #2009-016-015, Claim No. 113629, Motion No. M-76056


Synopsis


Motion to dismiss claim on the ground of release was granted.

Case Information

UID:
2009-016-015
Claimant(s):
JESSE SHANNON
Claimant short name:
SHANNON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113629
Motion number(s):
M-76056
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Jesse Shannon, Pro Se
Defendant’s attorney:
Andrew M. Cuomo, Attorney GeneralBy: Roberto Barbosa, Esq., AAG
Third-party defendant’s attorney:

Signature date:
March 3, 2009
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In his claim, Jesse Shannon alleges that on October 22, 2006, a water pipe at Sullivan Correctional Facility broke, flooding his cell and destroying certain of his legal papers.

Defendant moves for an order dismissing the claim on the ground that Mr. Shannon accepted a settlement and released defendant in connection with the damage. In a previous Decision and Order dated July 1, 2008, defendant was permitted to amend its answer to include the affirmative defense of release. It is undisputed that on October 24, 2006, claimant filed a facility claim seeking $873 for the damage to his papers. On February 12, 2007, the claim was “approved” to the extent that claimant was offered reimbursement in the amount of $175. On February 15, 2007, claimant executed a “Claim” and “Release” in connection with the incident, and on February 27, 2007, the amount of $175 was issued to him.

Claimant characterizes this as a “partial settlement,” and maintains that “prison authorities . . . instructed claimant to continue his claim for the additional money in the State Court of Claims.” See ¶2 of the January 17, 2009 affidavit of Jesse Shannon. Nothing in the release executed by claimant suggests that it was intended to be “partial.” See exhibit A to defendant’s moving papers.

Accordingly, having reviewed the submissions[1], IT IS ORDERED that motion no. M-76056 be granted and that claim no. 113629 be dismissed.


March 3, 2009
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 F; and claimant’s opposition dated January 16, 2009 and filed January 22, 2009 which is entitled “Notice of Motion” with attached “Affirmation/Affidavit.”