New York State Court of Claims

New York State Court of Claims

PHELPS v. THE STATE OF NEW YORK, #2001-010-044, Claim No. 102304, Motion No. M-63539


Synopsis


Claimant's motion for partial summary judgment and to compel defendant's response to claimant's written interrogatories is denied.

Case Information

UID:
2001-010-044
Claimant(s):
DARRYL PHELPS
Claimant short name:
PHELPS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102304
Motion number(s):
M-63539
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DARRYL PHELPSPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 25, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-4 were read and considered by the Court on claimant's motion for partial summary judgment and to compel defendant's response to claimant's written interrogatories:
Notice of Motion, Claimant's Unsworn Affidavit and Exhibit................................1

Attorney's Affirmation in Opposition and Exhibit...................................................2

Defendant's Response to Claimant's Interrogatories and Reply and Exhibit............3

Reply, Claimant's Unsworn Supporting Affidavit...................................................4

Claimant, an inmate proceeding pro se, brings this motion seeking, inter alia, partial summary judgment on the issue of liability regarding Claim No. 102304. His claim alleges that on September 1, 1999, during his incarceration at Sing Sing Correctional Facility, he was assaulted by four corrections officers and sustained bodily injuries as a result of the alleged incident.

The party seeking summary judgment must establish entitlement to judgment as a matter of law (see, Alavarez v Prospect Hosp., 68 NY2d 320). Sufficient evidentiary proof must be presented to establish that issues of material fact do not exist (Zuckerman v. City of New York, 49 NY2d 557; Winegrad v New York Univ. Med. Center, 64 NY2d 851). Here, claimant has failed to meet his burden, as there are numerous issues of material fact requiring a trial.

Accordingly, that branch of claimant's motion which seeks summary judgment on the issue of liability is DENIED.

In light of defendant's response to claimant's interrogatories, that branch of claimant's motion which seeks to compel defendant's response is DENIED as moot.


June 25, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims