Opinion
# 2015-010-004 Claim No. 123239 Motion No. M-85798
01-29-2015
GEORGE CHAVIS v. THE STATE OF NEW YORK
GEORGE CHAVIS Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Terrance K. DeRosa, Assistant Attorney General
Synopsis
Claimant's motion for summary judgment denied, multiple motions for summary judgment without sufficient cause.
Case information
UID: | 2015-010-004 |
Claimant(s): | GEORGE CHAVIS |
Claimant short name: | CHAVIS |
Footnote (claimant name) : | |
Defendant(s): | THE STATE OF NEW YORK |
Footnote (defendant name) : | |
Third-party claimant(s): | |
Third-party defendant(s): | |
Claim number(s): | 123239 |
Motion number(s): | M-85798 |
Cross-motion number(s): | |
Judge: | Terry Jane Ruderman |
Claimant's attorney: | GEORGE CHAVIS Pro Se |
Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Terrance K. DeRosa, Assistant Attorney General |
Third-party defendant's attorney: | |
Signature date: | January 29, 2015 |
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:
Claimant's Motion for Summary Judgment and Exhibits........................................1
Defendant's Affirmation in Opposition and Exhibits...............................................2
Claimant's previous motion for summary judgment on this claim was denied by this Court's Decision and Order filed stamped December 18, 2013 (Defendant's Ex. A).
"Multiple motions for summary judgment in the same action should be discouraged in the absence of a showing of newly discovered evidence or other sufficient cause" (Courthouse Corporate Ctr., LLC v Schulman, 89 AD3d 672 [2d Dept 2011]). On claimant's second application for summary judgment, he does not show any basis for this Court to consider a second application for the same relief requested on his first application (2009 85th St. Corp. v WHCS Real Estate Ltd. Partnership, 292 AD2d 520 [2d Dept 2002] [summary judgment denied where same argument was made on prior summary judgment motion]).
Accordingly, claimant's motion is DENIED.
January 29, 2015
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims