Blanchfield Storage, Inc. v. State

Claimant moved to vacate a provisional order of preclusion which was granted by the Honorable James H. G-lavin, Jr., now retired; and, which became final 30 days after said order was filed on February 22, 1971. Claimant also requested, in its moving papers, permission to increase the ad damnum clause of its filed claim from $30,000 to $50,000.

The State of New York opposed the motion insofar as it related to the preclusion order. It did not oppose the .request for permission to amend the claim. In fact, in his affidavit in opposition to claimant’s motion, the State’s counsel stated: “The State…