New York State Court of Claims

New York State Court of Claims

DAVIS v. THE STATE OF NEW YORK, #2009-045-011, Claim No. 113270, Motion No. M-75865


Synopsis


Administratrix substituted in the caption.

Case Information

UID:
2009-045-011
Claimant(s):
JAMES DAVIS
Claimant short name:
DAVIS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113270
Motion number(s):
M-75865
Cross-motion number(s):

Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Richard J. Jaegers, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Felicia G. Notaro, Assistant Attorney General
Third-party defendant’s attorney:

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

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers were read and considered by the Court on this motion: Claimant’s Notice of Motion, Claimant’s Affirmation with annexed Exhibits A-E and Defendant’s Affirmation in Response. Kim Bagley moves as administratrix of the estate of James Davis to amend the claim to substitute herself in place and instead of the deceased claimant, James Davis. Defendant takes no position with respect to the present motion.

James Davis commenced an action for negligence and medical malpractice against the State of New York on or about January 29, 2007. Mr. Davis died on April 2, 2008 and his daughter Kim Bagley was appointed as administratrix of his estate. She was issued limited letters of administration dated October 14, 2008.

Pursuant to Court of Claims Act § 15, the Court grants the motion and directs that Kim Bagley shall be substituted as claimant in her capacity as administratrix of the estate of James Davis, in place and instead of the deceased claimant, James Davis. The caption is hereby amended accordingly.


March 24, 2009
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims