Legal Opinion
Encarnacion v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 20, 2008PublishedCited by 4 opinions
1Opinion of the CourtLahtinen, J.
Claimant brought this action contending, among other things, *1039that defendant was responsible for the value of items of personal property taken and not returned by employees of the Department of Correctional Services. He made a motion denoted as one for partial summary judgment (although he sought judgment on both liability and damages). The Court of Claims denied the motion and claimant now appeals.
The drastic relief of “[s]ummary judgment should not be granted where there is any doubt as to the existence of a triable issue” (McIntyre v State of New York, 142 AD2d 856, 858 [1988]; see Peterson…
2Cases cited4 opinions
- Walton v. Albany Community Development AgencyAppellate Division of the Supreme Court of the State of New York · 2001
- Card v. BrownAppellate Division of the Supreme Court of the State of New York · 2007
- McIntyre v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Peterson v. StateAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by4 opinions
- State v. Industrial Site Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- McFadden v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- McDay v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
- Reid v. StateAppellate Division of the Supreme Court of the State of New York · 2009