New York State Court of Claims

New York State Court of Claims

LOPEZ v. STATE NEW YORK, #2002-018-138, Claim No. 103617, Motion No. M-64419


Synopsis


Claimant's motion for summary judgment denied on bailment claim. Factual issues remain which cannot be resolved without a trial.

Case Information

UID:
2002-018-138
Claimant(s):
EDUARDO LOPEZ
Claimant short name:
LOPEZ
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
103617
Motion number(s):
M-64419
Cross-motion number(s):

Judge:
DIANE L. FITZPATRICK
Claimant's attorney:
EDUARDO LOPEZPro Se
Defendant's attorney:
ELIOT SPITZER
Attorney General of the State of New York
By: JOEL L. MARMELSTEIN, ESQUIREAssistant Attorney General
Third-party defendant's attorney:

Signature date:
May 13, 2002
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision
Claimant brings a motion for summary judgment on his bailment claim. Defendant opposes the motion asserting that there are numerous questions of fact which must be determined after a full trial.

The claim asserts that claimant's property was packed up by Riverview Correctional Facility employees on December 31, 1998 when he was transferred to the Special Housing Unit. When claimant had an opportunity to check his property on January 22, 1999 after being transferred to the Gouverneur Correctional Facility he discovered that certain items were missing. However the items for which claimant seeks damages in his claim include additional items than those allegedly missing on January 22, 1999 and some were never listed on the inventory form of December 31, 1998. The value of the items allegedly lost is also in issue.

Summary judgment as is often said is a drastic remedy which should only be granted where there are no issues of fact and the claim can be decided as a matter of law. (
Sillman v Twentieth Century-Fox Film, Corp., 3 NY2d 395) Here there are numerous factual issues which cannot be resolved without a trial.
Claimant's motion is DENIED.


May 13, 2002
Syracuse, New York

HON. DIANE L. FITZPATRICK
Judge of the Court of Claims


The Court considered the following documents in deciding this motion:

Notice of Motion........................................................................................1

Affidavit of Eduardo Lopez, in support,

with all exhibits attached thereto....................................................2


Affidavit of Joel L. Marmelstein, Assistant Attorney General,

in opposition, with all exhibits attached thereto...........................3


Filed Documents:


Claim...........................................................................................................4