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Chavis v. State

New York State Court of Claims
Jan 29, 2015
# 2015-010-004 (N.Y. Ct. Cl. Jan. 29, 2015)

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


Summaries of

Chavis v. State

New York State Court of Claims
Jan 29, 2015
# 2015-010-004 (N.Y. Ct. Cl. Jan. 29, 2015)
Case details for

Chavis v. State

Case Details

Full title:GEORGE CHAVIS v. THE STATE OF NEW YORK

Court:New York State Court of Claims

Date published: Jan 29, 2015

Citations

# 2015-010-004 (N.Y. Ct. Cl. Jan. 29, 2015)