New York State Court of Claims

New York State Court of Claims

DENNIS v. THE STATE OF NEW YORK, #2009-033-326, Claim No. 115713, Motion No. M-75739


Synopsis



Case Information

UID:
2009-033-326
Claimant(s):
BYRON DENNIS
Claimant short name:
DENNIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115713
Motion number(s):
M-75739
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Kazmierczuk & McGrath
111-02 Jamaica AvenueRichmond Hill, NY 11418
Defendant’s attorney:
Mulholland, Minion & RoeBy: John A. Beyrer, Esq.
Third-party defendant’s attorney:

Signature date:
March 24, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)
2009-033-327


Decision

These are claims for personal injuries to Godfrey Arnold and Byron Dennis (hereinafter “claimants”) due to the alleged negligence of defendant. The claims arose on August 1, 2007, while claimants were working on the Wantagh Bridge, Nassau County, New York. Claimants were working together and were injured in the same incident. They were in an aerial man lift basket which crashed into the underside of the bridge.


Defendant moves this Court, pursuant to Court of Claims Act §9(5), to consolidate these matters for discovery and trial[1].

Claimants submit no opposition.

Based upon the foregoing, defendant’s motion is granted without opposition.


March 24, 2009
Hauppauge, New York

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




[1].The following papers were read and considered on defendant’s motion: Notice of Motion dated October 16, 2008 and filed October 20, 2008; Affirmation in Support of Motion to Consolidate of John A. Beyrer, Esq. with annexed Exhibits A-D dated October 15, 2008 and filed October 20, 2008.