Opinion
# 2015-016-013 Claim No. 121468 Motion No. M-85858
03-16-2015
DAVID CRUZ 97A7253 A.K.A DERRICK CRUZ 08143-067 v. THE STATE OF NEW YORK
David Cruz, Pro Se Eric T. Schneiderman, Attorney General By: Roberto Barbosa, AAG
Synopsis
Case information
UID: | 2015-016-013 |
Claimant(s): | DAVID CRUZ 97A7253 A.K.A DERRICK CRUZ 08143-067 |
Claimant short name: | CRUZ |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 121468 |
Motion number(s): | M-85858 |
Cross-motion number(s): | |
Judge: | Alan C. Marin |
Claimant's attorney: | David Cruz, Pro Se |
Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Roberto Barbosa, AAG |
Third-party defendant's attorney: | |
Signature date: | March 16, 2015 |
City: | New York |
Comments: | |
Official citation: | |
Appellate results: | |
See also (multicaptioned case) |
Decision
David Cruz has moved to amend his claim for lost property because he "was unable to write all agencies that may have been able to provide him with the price of documents lost. . . " Mr. Cruz does not include any prices or value in his motion, which is apparently intended only to explain why he had not previously supplied them.
The second paragraph of Mr. Cruz's Motion to Amend Complaint.
Moreover, claimant sets out here 10 categories of items lost, from A to J. Items H, I and J, family photos, personal correspondence and legal documents, are categories that are included in the original claim. It is unclear whether categories A- G, consisting of various sink and shower supplies (shower slippers, soap, toothpaste and toothbrushes etc.), were part of the original claim. For his part, Cruz states in paragraph 3 of his affidavit to his motion papers that the lost draft bag contained "legal mail documents and toiletries."
Mr. Cruz affirms that his bag was tagged with serial no. 0805339.
Rule 3025 (b) of the CPLR requires that parties seeking to amend a pleading "clearly [show] the changes or additions to be made . . ." Another procedural flaw in claimant's papers is the failure to include a notice of motion as required by section 2211 of the CPLR.
This Court, by Decision and Order dated June 10, 2014, has granted summary judgment to Mr. Cruz on the issue of liability; i.e., finding that the loss of the draft bag was the fault of defendant, but that a trial would be conducted on damages - - the contents of the bag and the proper value therefor. Claimant's motion, besides its procedural defects, does not present anything that should be done now, rather than at trial.
Accordingly, and having reviewed the submissions of the parties, IT IS ORDERED that motion No. M-85858 be denied.
The following were reviewed: claimant's Motion to Amend Complaint (with an Affidavit) and Opposition to Defendant Affirmation in Opposition to Claimant's Motion to Amend The Claim; and defendant's Affirmation in Opposition to Claimant's Motion to Amend The Claim.
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March 16, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims