New York State Court of Claims

New York State Court of Claims

DAVIDSON v. THE STATE OF NEW YORK, #2002-011-571, Claim No. 105494, Motion No. M-65175


Synopsis


Claimant's motion for summary judgment in a claim for loss of personal property is denied.

Case Information

UID:
2002-011-571
Claimant(s):
CHESTER DAVIDSON
Claimant short name:
DAVIDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
105494
Motion number(s):
M-65175
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
Chester Davidson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Eileen E. Bryant, Esq.,Assistant Attorney General
Third-party defendant's attorney:

Signature date:
August 26, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

In this claim for loss of personal property, claimant has moved for summary judgment.

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) whereupon, the burden shifts to the party opposing the motion to raise a triable issue of fact (Hackstadt v Hackstadt, 194 AD2d 908).

In his claim and affidavit in support of the motion, claimant alleges that his personal property was not secured when he was escorted to the Special Housing Unit on September 5, 2001 and that certain items were missing when his property was returned to him. In response, defendant has provided a copy of the log for claimant's housing unit on September 5, 2001. The log contains an entry that inmate Davidson was escorted to Building 16 and that his property was secured.

The log entry is sufficient to raise a question of fact as to whether defendant satisfied its duty to provide reasonable security for claimant's personal property (see Pollard v State of New York, 173 AD2d 906). Accordingly, the motion for summary judgment is denied.


August 26, 2002
Saratoga Springs, New York

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


Papers Submitted:

1. Notice of Motion dated April 23, 2002
2. Unsworn Affidavit in Support of Chester Davidson dated April 23, 2002 with exhibits annexed
3. Affirmation in Opposition of Eileen E. Bryant, Esq. dated May 13, 2002 with exhibits annexed
4. Verified Reply to Defendant's Affirmation of Chester Davidson sworn to the 13th day of June, 2002
5. Assessing Damages Report Documents submitted by Chester Davidson filed on May 13, 2002 with exhibits annexed