Legal Opinion

Edwards v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 3, 2005Published

1Opinion of the Court

Cardona, EJ.

Appeal from an order of the Court of Claims (Sise, J.), entered March 14, 2003, which denied claimant’s motion for summary judgment.

Claimant, an inmate, filed this claim seeking damages for the alleged loss of materials that he ordered from an art supply company while incarcerated at Eastern Correctional Facility in Ulster County. The Court of Claims denied claimant’s motion for summary judgment and claimant now appeals.

For claimant to prevail on his motion, he was required to establish his entitlement to judgment as a matter of law by “tendering sufficient evidence to demonstrate…

2Cases cited5 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. JMD Holding Corp. v. Congress Financial Corp.New York Court of Appeals · 2005
  3. Osborn v. ClineNew York Court of Appeals · 1934
  4. People v. WilsonNew York Court of Appeals · 1999
  5. Cuevas v. Quandt'S Foodservice Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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