New York State Court of Claims

New York State Court of Claims
SITAL v. THE STATE OF NEW YORK, # 2010-016-053, Claim No. 116376, Motion No. M-78399


Case information

UID: 2010-016-053
Claimant(s): FRANS SITAL
Claimant short name: SITAL
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 116376
Motion number(s): M-78399
Cross-motion number(s):
Judge: Alan C. Marin
Claimant's attorney: Frans Sital, Pro Se
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
Third-party defendant's attorney:
Signature date: August 10, 2010
City: New York
Official citation:
Appellate results:
See also (multicaptioned case)


Claimant Frans Sital moves to strike the State's affirmative defenses. In his claim, Mr. Sital alleges that because of defendant's negligence, items of his personal property went missing between August 8, 2008 and September 7, 2008 while he was incarcerated at Sullivan Correctional Facility.

In its first affirmative defense, the State alleges that any damages sustained by claimant were caused in whole or part by his own conduct. In the second affirmative defense, it is asserted that any damages sustained by claimant were caused by the negligence of a third person or persons. In the third affirmative defense, it asserted that if claimant has settled or released the State in connection with this claim, he will "be precluded from relitigating those issues . . ."

The State's affirmative defenses are not dispositive of a claim, and like the allegations in the claim itself, are merely assertions made by a party. To the extent that they are raised at trial, claimant will be afforded the opportunity to dispute them. Striking affirmative defenses is generally not warranted in the absence of a showing of prejudice by the claimant. See, e.g., 5 Weinstein-Korn-Miller, NY Civ Prac 3018.14 at 30-432. Here, claimant has failed to demonstrate any prejudice.

In view of the foregoing, having reviewed the submissions(1) , IT IS ORDERED that motion no. M-78399 be denied.

August 10, 2010

New York, New York

Alan C. Marin

Judge of the Court of Claims

1. The following were reviewed: claimant's notice of motion with affidavit in support; defendant's affirmation in opposition; and claimant's reply affirmation.