New York State Court of Claims

New York State Court of Claims
COLLAZO v. THE STATE OF NEW YORK, # 2010-010-009, Claim No. 117604, Motion No. M-77711

Synopsis

claimant's motion to amend and supplement his pleadings GRANTED.

Case information

UID: 2010-010-009
Claimant(s): PEDRO COLLAZO
Claimant short name: COLLAZO
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117604
Motion number(s): M-77711
Cross-motion number(s):
Judge: Terry Jane Ruderman
Claimant's attorney: PEDRO COLLAZO
Pro Se
Defendant's attorney: HON. ANDREW M. CUOMO
Attorney General for the State of New York
By: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:
Signature date: March 1, 2010
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The following papers numbered 1-3 were read and considered by the Court on claimant's motion to amend and supplement his pleadings:

Notice of Motion, Claimant's Supporting Affidavit and Exhibits.............................1

Defendant's Affirmation and Exhibit........................................................................2

Sur Reply..................................................................................................................3

This pro se claimant seeks to amend his claim to allege res ipsa loquitur and that defendant was negligent in its failure to file an unusual incident report after claimant suffered adverse reactions on May 8, 2009 to prescribed medications.

Leave to amend shall be freely granted absent a showing of prejudice or surprise to the other party (CPLR 3025[b]; see McCaskey, Davies & Assoc. v New York City Health & Hosps. Corp., 59 NY2d 755, 757). Defendant has not shown any resulting prejudice if the Court were to grant this application.

Accordingly, claimant's motion is GRANTED to the extent that he may amend his claim to allege: 1) res ipsa loquitur and 2) that defendant was negligent in its failure to file an unusual incident report after claimant suffered adverse reactions on May 8, 2009 to prescribed medications. Claimant is directed to file and serve an amended claim, which includes the proposed amendment, within thirty (30) days of the date of the filing of this Decision and Order.

March 1, 2010

White Plains, New York

Terry Jane Ruderman

Judge of the Court of Claims