Claimant's motion to reargue and renew his prior motion for entry of a default judgment was denied.
|Claimant(s):||FARDIN SHARIFIPOUR, Din. No. 16A4214|
|Claimant short name:||SHARIFIPOUR|
|Footnote (claimant name) :|
|Defendant(s):||STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||FRANCIS T. COLLINS|
|Claimant's attorney:||Fardin Sharifipour, Pro Se|
|Defendant's attorney:||Honorable Letitia James, Attorney General
By: Glenn C. King, Esq., Assistant Attorney General
|Third-party defendant's attorney:|
|Signature date:||December 6, 2021|
|See also (multicaptioned case)|
Claimant moves to reargue and renew his prior motion for entry of a default judgment.
Claimant, currently incarcerated, commenced this action for damages arising from the alleged loss of personal property entrusted to prison staff. Claimant's prior motion for entry of a default judgment was based on the defendant's failure to affix the Judge's name and claim number to its answer to the claim (see 22 NYCRR 206.5 [b]). The Court denied the motion on the ground that such a failure was not jurisdictional and, therefore, did not render the answer a nullity so as to warrant entry of a default judgment.
Claimant failed to demonstrate that the Court overlooked or misapprehended matters of fact or misapplied existing law to the facts presented (see CPLR 2221 [d] ; Campos v State of New York, 139 AD3d 1276, 1277 [3d Dept 2016]; Peak v Northway Travel Trailers, 260 AD2d 840 [3d Dept 1999]; Spa Realty Assoc. v Springs Assoc., 213 AD2d 781 [3d Dept 1995]). Nor has claimant demonstrated new facts not offered on the prior motion that would change the prior determination or that there has been a change in the law that would change the prior determination (CPLR 2221 [e] ; Wright v State of New York, 192 AD3d 1277, 1278 [3d Dept 2021]; Strunk v Paterson, 145 AD3d 700, 701 [2d Dept 2016]; Sarfati v Palazzolo, 142 AD3d 877 [1st Dept 2016]).
Accordingly, claimant's motion is denied.
December 6, 2021
Saratoga Springs, New York
FRANCIS T. COLLINS
Judge of the Court of Claims
1. Undated notice of motion filed October 19, 2021;
2. Affidavit in Support sworn to October 9, 2021, with exhibits;
3. Affirmation of Glenn C. King dated November 4, 2021;
4. Claimant's undated Reply filed November 17, 2021, with Exhibits A and B.