New York State Court of Claims

New York State Court of Claims

BLAIS v. THE STATE OF NEW YORK, #2000-011-527, Claim No. 101463, Motion No. M-61168


Synopsis

This is a motion by Claimant for summary judgment.

Case Information

UID:
2000-011-527
Claimant(s):
THERESA R. BLAIS
Claimant short name:
BLAIS
Footnote (claimant name) :

Defendant(s):
STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101463
Motion number(s):
M-61168
Cross-motion number(s):

Judge:
Thomas J. McNamara
Claimant's attorney:
Theresa R. Blais, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Kathleen M. Resnick, Esq., of counsel)
Third-party defendant's attorney:

Signature date:
May 15, 2000
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


This is a motion by Claimant for summary judgment. "[T]he proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 NY2d 320, 324) whereupon the burden shifts to the party opposing the motion to raise a triable issue of fact (Hackstadt v Hackstadt, 194 AD2d 908).

In support of the motion, Claimant has submitted only an unsworn statement which is insufficient to establish entitlement to judgment as a matter of law (CPLR 3212[b]). Accordingly, the motion is denied.

May 15, 2000
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims


Papers Considered:

1. Notice of Motion filed January 25, 2000 with exhibits annexed.
2. Affirmation in Opposition of Kathleen M. Resnick, Esq., dated February 11, 2000.