New York State Court of Claims

New York State Court of Claims
HANESWORTH v. THE STATE OF NEW YORK, # 2017-015-262, Claim No. 124474, Motion No. M-90775

Synopsis

Claimant's motion to compel a response to his request for admissions was denied.

Case information

UID: 2017-015-262
Claimant(s): RASHAWN C. HANESWORTH
Claimant short name: HANESWORTH
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 124474
Motion number(s): M-90775
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Rashawn C. Hanesworth, Pro se
Defendant's attorney: Honorable Eric T. Schneiderman, Attorney General
By: Glenn C. King
Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 20, 2017
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves to compel a response to his request for admissions which is contained in his affidavit in support of the motion.

It appears from the papers submitted that claimant is confused regarding the proper procedure for requesting admissions from a party. CPLR 3123 permits a party to serve upon any other party a written request for certain admissions, which include "the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial." Here, claimant moved to compel a response to his request for admissions without serving the defendant with a notice to admit.(1) To confuse matters even more, defendant responded to the instant motion by providing a response to a document demand not addressed in the instant motion, or at least the version that was filed in the Court of Claims.(2)

Accordingly, claimant's motion is denied.

September 20, 2017

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of Motion for Admission, sworn to on July 8, 2017;
  2. Affidavit of Rashawn C. Hanesworth, sworn to on July 8, 2017, with exhibits;
  3. Affirmation of Glenn C. King, dated August 9, 2017.

1. CPLR 3123 (a) provides that "[e]ach of the matters of which an admission is requested shall be deemed admitted unless within twenty days after service thereof or within such further time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a sworn statement either denying specifically the matters of which an admission is requested or setting forth in detail the reasons why he cannot truthfully either admit or deny those matters". A motion to compel a response is therefore not the proper remedy for a party's failure to respond to a notice to admit.

2. Although defense counsel references documents that were purportedly attached as Exhibits A and B to his affirmation in opposition to the motion, no documents or exhibits were attached.