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Bunting v Carter (2011 NY Slip Op 51370(U))
[*1]


Decided on July 21, 2011
City Court of Albany

CV 0683-11
Damond J. Carter, Esq.
P.O. Box 6365 Albany, NY 12206 William Gonzalez, Esq. Deputy Counsel NYS Dept of Corrections and Community Supervision
file:///C|/Users/Peter/Desktop/NY/1/2011_51370.htm[4/21/2013 12:24:33 PM]
Bunting v Carter (2011 NY Slip Op 51370(U))
1220 Washington Avenue, Bldg 2, State Campus
Albany, NY 12226-2050
Gary F. Stiglmeier, J.
Plaintiff commenced the instant action in the N.Y.S. Supreme Court seeking recovery in the amount of $650.00, representing money plaintiff paid defendant for legal services, and $100,000.00, representing damages for emotional distress. Defendant answered denying plaintiff's allegations and moved to dismiss plaintiff's causes of action. The Supreme Court (Hon. Cathryn M. Doyle) granted defendant's motion in part, dismissing plaintiff's cause of action for emotional distress. Defendant then returned the $650.00 plaintiff had paid him for legal services. Plaintiff continues this action seeking accrued interest on the $650.00; an amount previously determined to be $361.24 by order of Justice Michael C. Lynch dated December 7, 2010, who thereafter transferred the action to this [*2]court by order dated March 2, 2011.
All motion practice and discovery appears to have been completed and the matter is ready for trial. However, inasmuch as plaintiff is incarcerated in a N.Y.S. Correctional Facility, and the trial of this action must take place in the Albany City Court, the trial cannot proceed unless the Court issues a subpoena for plaintiff's appearance; relief for which plaintiff now moves under Civil Rights Law

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