New York State Court of Claims

New York State Court of Claims
LYADAI v. NYSIF NEW YORK STATE INSURANCE FUND, # 2018-032-005, Claim No. 129860, Motion No. M-90805

Synopsis

Defendant's motion to dismiss the claim for non-compliane with CPLR 321 (a) is granted.

Case information

UID: 2018-032-005
Claimant(s): LYADAI, INC., HUANG PAN
Claimant short name: LYADAI
Footnote (claimant name) :
Defendant(s): NYSIF NEW YORK STATE INSURANCE FUND
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 129860
Motion number(s): M-90805
Cross-motion number(s):
Judge: JUDITH A. HARD
Claimant's attorney: Huang Pan, Pro Se
Defendant's attorney: Hon. Eric T. Schneiderman, NYS Attorney General
By: Ellen S. Mendelson, Assistant Attorney General,
Of Counsel
Third-party defendant's attorney:
Signature date: January 5, 2018
City: Albany
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, filed and served the instant claim on the Attorney General on or about June 15, 2017. The claim seeks damages in the amount of $1,200.00 for the alleged non-payment for pest removal services provided to defendant on April 25, 2017. Defendant moves unopposed to dismiss the claim pursuant to CPLR 321 (a), which requires an attorney to appear for a corporate party.

CPLR 321 (a) requires that "a corporation or voluntary association shall appear by an attorney". Here, defendant submits information from the New York State Department of State's Division of Corporations which reflects that Lyadai, Inc. is a business corporation. An attachment to the claim indicates that the invoice for which claimant seeks payment was issued by Lyadai, Inc. "Insofar as the corporate claimant in the instant action is not represented by an attorney, the claim filed on its behalf is a nullity and must be dismissed" (Starker v State of New York, UID No. 2012-015-374 [Ct Cl, Collins, J., Oct. 29, 2012], citing Moran v Hurst, 32 AD3d 909, 910 [2d Dept. 2006]).

Based upon the foregoing, the Court grants defendant's motion (M-90805) and dismisses the claim (No. 129860).

January 5, 2018

Albany, New York

JUDITH A. HARD

Judge of the Court of Claims

Papers Considered:

1. Notice of Motion, dated July 19, 2017; and Affirmation in Support of Motion, sworn to by Ellen S. Mendelson, AAG on July 19, 2017, with Exhibits A through C annexed thereto.