New York State Court of Claims

New York State Court of Claims

MARINKOVIC v. THE STATE OF NEW YORK, #2005-016-013, Claim No. 108249, Motion No. M-69598


Synopsis


Motion to renew was denied.

Case Information

UID:
2005-016-013
Claimant(s):
MIROSLAV MARINKOVIC and JADRANKA MARINKOVIC
Claimant short name:
MARINKOVIC
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108249
Motion number(s):
M-69598
Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
DeCaro & Kaplen, LLP By: Michael V. Kaplen, Esq.
Defendant's attorney:
Cartafalsa, Slattery & MetaxasBy: David A. Drossman, Esq.
Third-party defendant's attorney:

Signature date:
February 18, 2005
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is defendant's motion "for an order pursuant to CPLR R. 2221 granting leave to renew defendant's cross-motion for summary judgment and claimant's motion for summary judgment, and for an Order pursuant to CPLR R. 3212 granting defendant summary judgment and denying [claimants'] motion for summary judgment, or in the alternative pursuant to CPLR R. 3211, dismissing the [claim] . . ."

In the previous motion practice, claimants were granted summary judgment under Labor Law §240.1; the underlying claim alleges that Miroslav Marinkovic fell and was injured while working as a painter on the Kosciusko Bridge under a contract his employer had with the State of New York. Having heard oral argument on February 17, 2005 and having reviewed the submissions[1], IT IS ORDERED, as stated at such oral argument, that motion no. M-69598 be denied.


February 18, 2005
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims




  1. [1]The following were reviewed: defendant's notice of motion with affirmation in support and exhibits A through E; claimant's affirmation in opposition with exhibits 1 through 7; and defendant's reply affirmation.