D. A. Collins Construction Co. v. State

The claim herein is based upon a breach of contract. The claimant has moved for an order directing the State of New York to answer certain interrogatories in accordance with CPLR 3130-3134. The State objects to the claimant’s motion on the grounds that it is not a “ party ” bound to answer interrogatories under CPLR 3134 when it is a defendant in the Court of Claims. The State contends that CPLR 3134 (subd. [a]) limits those who must answer interrogatories to individuals, corporations, partnerships, and sole proprietorships, none of which includes the State. In its brief, the State further…