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Tutor Perini Corp. v. State

New York State Court of Claims
May 1, 2015
# 2015-015-051 (N.Y. Ct. Cl. May. 1, 2015)

Opinion

# 2015-015-051 Claim No. 120992 Motion No. M-86454

05-01-2015

TUTOR PERINI CORPORATION FORMERLY KNOWN AS PERINI CORPORATION v. THE STATE OF NEW YORK

Duane Morris, LLP Mark A. Canizio, Esquire and Jessica Singh, Esquire Dingess, Foster, Luciana, Davidson & Chleboski, LLP John R. Dingess, Esquire, No Appearance Honorable Eric T. Schneiderman, Attorney General By: Eidin Beirne, Esquire Assistant Attorney General


Synopsis

Motion for issuance of an open commission was granted.

Case information


UID:

2015-015-051

Claimant(s):

TUTOR PERINI CORPORATION FORMERLY KNOWN AS PERINI CORPORATION

Claimant short name:

TUTOR PERINI

Footnote (claimant name) :

Defendant(s):

THE STATE OF NEW YORK

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):

120992

Motion number(s):

M-86454

Cross-motion number(s):

Judge:

FRANCIS T. COLLINS

Claimant's attorney:

Duane Morris, LLP Mark A. Canizio, Esquire and Jessica Singh, Esquire Dingess, Foster, Luciana, Davidson & Chleboski, LLP John R. Dingess, Esquire, No Appearance

Defendant's attorney:

Honorable Eric T. Schneiderman, Attorney General By: Eidin Beirne, Esquire Assistant Attorney General

Third-party defendant's attorney:

Signature date:

May 1, 2015

City:

Saratoga Springs

Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Defendant moves for an Order authorizing issuance of an open commission to take the deposition of nonparty witness James DeFalco outside the State of New York on the ground that his testimony is material and necessary to the prosecution of this action.

Defendant established that the proposed deposition testimony of nonparty witness James DeFalco is material and necessary to the prosecution of its claim (CPLR 3101 [a] [4]; see generally Kapon v Koch, 23 NY3d 32 [2014]) and that the proposed open commission for the taking of his testimony in Pennsylvania is necessary and convenient (CPLR 3108; Wiseman v American Motor Sales Corp., 103 AD2d 230 [2d Dept 1984]).

Defendant's motion for an order directing the issuance of an open commission is granted, without opposition. Defendant is directed to submit a proposed Order Directing The Issuance Of An Open Commission (an original), together with a proposed Commission (an original) to be issued by the Clerk of the Court of Claims.

May 1, 2015

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

The Court considered the following papers:

Notice of motion dated March 13, 2015;

Affirmation of Eidin Beirne dated March 13, 2015.


Summaries of

Tutor Perini Corp. v. State

New York State Court of Claims
May 1, 2015
# 2015-015-051 (N.Y. Ct. Cl. May. 1, 2015)
Case details for

Tutor Perini Corp. v. State

Case Details

Full title:TUTOR PERINI CORPORATION FORMERLY KNOWN AS PERINI CORPORATION v. THE STATE…

Court:New York State Court of Claims

Date published: May 1, 2015

Citations

# 2015-015-051 (N.Y. Ct. Cl. May. 1, 2015)