New York State Court of Claims

New York State Court of Claims
SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-114, Claim No. 136347, Motion No. M-97416

Synopsis

Claimant's motion to reargue and renew his prior motion for entry of a default judgment was denied.

Case information

UID: 2021-015-114
Claimant(s): FARDIN SHARIFIPOUR, Din. No. 16A4214
Claimant short name: SHARIFIPOUR
Footnote (claimant name) :
Defendant(s): STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 136347
Motion number(s): M-97416
Cross-motion number(s):
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
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

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] [2]; 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] [2]; 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

Papers Considered:

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.