New York State Court of Claims

New York State Court of Claims

EXXON v. THE STATE OF NEW YORK, #2009-033-347, Claim No. 115371, Motion No. M-75776


Synopsis



Case Information

UID:
2009-033-347
Claimant(s):
EXXONMOBIL OIL CORPORATION
Claimant short name:
EXXON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
115371
Motion number(s):
M-75776
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Colucci & Gallaher, P.C.By: John J. Marchese, Esq.
Defendant’s attorney:
Andrew M. Cuomo, New York State Attorney GeneralBy: Rose Farrell Lowe, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
June 16, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by ExxonMobil Oil Corporation (hereinafter “claimant”) for the appropriation of land and fixtures in Wantagh, New York. The vesting date of the claim is June 13, 2005.

Defendant moves this Court for an order directing claimant to make a more definite statement of its claim and an explanation of the fixtures for which claimant seeks compensation.[1] In opposition, claimant submits all necessary evidence has been supplied to defendant, rendering the instant motion moot.


However, in reply, defendant avers that numerous documents, which are necessary to value claimant’s fixture claim, have yet to be supplied.

Based upon the foregoing and the papers and exhibits submitted, the Court grants defendant’s motion and directs claimant to supply defendant with a detailed description of each fixture, together with its manufacturer and date of installation. The Court denies that portion of defendant’s motion which seeks a suspension of interest. As claimant has advised this Court of the advance payment information as to this matter, the Court grants defendant’s request for this Court to recuse itself from further proceeding on this claim.

In light thereof, this claim is hereby referred to Presiding Judge Richard E. Sise for further assignment and direction.

Further, as the matter of BonRob Realty Company, LLC v The State of New York (Claim No. 115337) is related to this matter, the Court will grant defendant’s request for the Court’s recusal. A separate Order of Recusal will be prepared and forwarded to Presiding Judge Richard E. Sise for his assignment and direction.



June 16, 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 for a More Definite Statement dated October 16, 2008 and filed October 17, 2008; Affirmation in Support of Motion of Rose Farrell Lowe, Esq. with annexed Exhibit A dated October 16, 2008 and filed October 17, 2008; Affidavit of John J. Marchese, Esq. with annexed Exhibit A sworn to December 17, 2008 and filed December 18, 2008; Reply Affirmation of Rose Farrell Lowe, Esq. dated March 23, 2009 and filed March 24, 2009.