Duncan v. State

OPINION OF THE COURT

Glen T. Bruening, J.

John Duncan, claimant in this case appearing pro se, seeks damages for injuries sustained while detained at the Central *948New York Psychiatric Center when, on July 11, 2010, a copy of a report containing claimant’s medical and personal information was left in plain sight where other residents could view it. Claimant moves for an order dismissing the affirmative defenses asserted in defendant’s answer and for summary judgment on his claim. Defendant cross-moves seeking dismissal of the claim pursuant to CPLR 3211 (a) (2) and (8) and Court of Claims Act §…