New York State Court of Claims

New York State Court of Claims

MICOLO v. THE STATE OF NEW YORK, #2005-010-066, Claim No. 110324, Motion No. M-70899


Synopsis


Claimant's motion for summary judgment is denied. Numerous issues of material fact require a trial.

Case Information

UID:
2005-010-066
Claimant(s):
MARCUS A. MICOLO
Claimant short name:
MICOLO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110324
Motion number(s):
M-70899
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
MARCUS A. MICOLOPro 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:
January 31, 2006
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

The following papers numbered 1-2 were read and considered by the Court on claimant's motion for summary judgment:
Notice of Motion, Supporting Affidavits and Exhibits.............................................1

Affirmation in Opposition and Exhibits.....................................................................2

Claimant seeks summary judgment on his claim that on October 16, 2004, during his incarceration at Sing Sing Correctional Facility, he was assaulted by another inmate due to the negligence of defendant in providing adequate security. Claimant contends that, in the area where he was assaulted, there are "blind spots due to state property(ies) and the way the stuff is arrainged [sic] and set up" (Affidavit, ¶ 13).

The party seeking summary judgment must establish entitlement to judgment as a matter of law (see, Alvarez 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, claimant's motion is DENIED.


January 31, 2006
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims