New York State Court of Claims

New York State Court of Claims

BUTLER v. THE STATE OF NEW YORK, #2002-011-551, Claim No. 94891, Motion No. M-65124


Synopsis


Defendant's motion for summary judgment is granted and the claim is dismissed.

Case Information

UID:
2002-011-551
Claimant(s):
MICHAEL BUTLER
Claimant short name:
BUTLER
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
94891
Motion number(s):
M-65124
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Michael Butler
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Glenn C. King, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
June 5, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision


Defendant has moved for summary judgment in this claim which is based upon allegations

that claimant suffered injuries when he fell down a flight of stairs at the Columbia County Courthouse.

The proponent of a motion for summary judgment 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 (Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853).

In the claim it is alleged that claimant fell down a flight of stairs at the Columbia County Courthouse while in handcuffs and shackles and being escorted by two correction officers employed by the State of New York. After the claim was served and filed, claimant made a motion for leave to amend the claim to name two Columbia County Deputy Sheriffs and Columbia County as additional defendants. The motion was denied because this Court would be without jurisdiction over such claims. However, in the affidavit submitted by claimant in support of the motion to amend, he asserts that the two escorting officers whom he initially believed to be employees of the State were actually Columbia County Deputy Sheriffs. Claimant also concedes in the affidavit that the property where he fell is owned by Columbia County. Based on the information in the affidavit that the officers were not employees of the State and that the property where the accident occurred is not owned by the State, there is no factual basis for the assertion of liability in the claim. Therefore, defendant has made a prima facie showing of entitlement to summary judgment.

Where, as here, a prima facie showing of entitlement to summary judgment has been made, the burden shifts to the party opposing the motion to raise a triable issue of fact (Hackstadt v Hackstadt, 194 AD2d 908). Claimant, however, has not submitted any opposition to the motion. Accordingly, the motion is granted and the claim is dismissed.

June 5, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion to Dismiss dated April 30, 2002
2. Affirmation in Support of Glenn C. King, Esq. dated April 30, 2002 with exhibits annexed