Chemical Bank New York Trust Co. v. State

This is a motion made by the claimant for an order striking out any defense of the State and directing judgment in favor of claimant pursuant to CPLR 3212 on the ground that there is no defense to this action.

The motion papers properly assume that upon the filing of a claim against the State issue is thereby joined on all material matters pursuant to the provisions of rule 13 of the Rules of the Court of Claims, which states: “ The state is not required to answer a claim and all allegations in the claim are treated as denied.”

The motion papers have as supporting proof the main affidavit made…