New York State Court of Claims

New York State Court of Claims

GREEN v. THE STATE OF NEW YORK, #2007-015-174, Claim No. 113099, Motion No. M-72689


Synopsis


Claimant's motion for summary judgment which was filed with the claim was denied. Motion was premature and claimant failed to establish his prima facie entitlement to judgment as a matter of law.

Case Information

UID:
2007-015-174
Claimant(s):
SHAWN GREEN
Claimant short name:
GREEN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113099
Motion number(s):
M-72689
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Shawn Green Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Michael T. Krenrich, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
April 3, 2007
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Claimant moves for summary judgment on his causes of action for wrongful confinement, assault, bailment and negligence. The motion is denied. Claimant's motion for summary judgment was filed together with the claim on December 12, 2006. CPLR 3212 provides that "[a]ny party may move for summary judgment . . . after issue has been joined". This motion was made before issue was joined and must therefore be denied as premature.

In addition, CPLR 3212(b) provides that "[a] motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof. . ." . Here, claimant submitted only a memorandum of law in support of the motion and thus failed to make a prima facie showing of entitlement to judgment as a matter of law (Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853 [1985].

Accordingly, claimant's motion for summary judgment is denied.


April 3, 2007
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The Court considered the following papers:
  1. Notice of motion dated December 5, 2006;
  2. Memorandum of Law of Shawn Green dated December 5, 2006;
  3. Affirmation of Michael T. Krenrich dated January 29, 2007;
  4. Reply of Shawn Green sworn to February 1, 2007.