247-59 West, LLC v. State

OPINION OF THE COURT

Frank P. Milano, J.

The primary issue raised by the parties’ motions requires the court to decide whether section 12 (1) of the Court of Claims Act precludes entry of default judgment against the State of New York. Claimants move for judgment and defendant cross-moves in opposition thereto “for relief from the alleged default and to extend the State’s time to appear or answer, or, in the alternative, compel claimants to accept the answer.”

Although claimants denominate their request for relief as seeking judgment under section 12 (1) of the Court of Claims Act, the papers…