New York State Court of Claims

New York State Court of Claims
LATOUCHE v. THE STATE OF NEW YORK , # 2019-059-007, Claim No. 128473, Motion No. M-94273

Synopsis

Case information

UID: 2019-059-007
Claimant(s): VALERY LATOUCHE
Claimant short name: LATOUCHE
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128473
Motion number(s): M-94273
Cross-motion number(s):
Judge: MAUREEN T. LICCIONE
Claimant's attorney: VALERY LATOUCHE, pro se
Defendant's attorney: HON. LETITIA JAMES, ATTORNEY GENERAL
By: Dorothy M. Keogh, Assistant Attorney General
Third-party defendant's attorney:
Signature date: October 31, 2019
City: Central Islip
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant Valery LaTouche, an inmate proceeding pro se, ("Claimant") seeks to hold defendant State of New York ("Defendant") liable for monetary damages for injuries he sustained as the result of alleged dental malpractice that took place when he was housed in Sing Sing Correctional Facility.

Claimant has moved for summary judgment pursuant to CPLR 3212. Defendant opposed the application.

In the meantime, Claimant had made a prior motion (M-93526) to amend his claim which was decided on September 20, 2019. The amended claim was filed on October 3, 2019 and it appears that issue has not yet been joined on the amended claim. Since the claim has been amended, Claimant's motion for summary judgment on the initial claim is moot and must be denied for that reason.

Accordingly, Claimant's motion no. M-94273 is denied without prejudice to any such motion the Claimant may make on the amended claim.

Papers read and considered on Claimant's Motion:

1. Notice of Motion for Summary Judgment, Memorandum of Law in Support of Motion for Summary Judgment, and attached exhibits.

2. Defendant's Affirmation in Opposition to Claimant's Motion for Summary Judgment, and attached exhibits.

October 31, 2019

Central Islip, New York

MAUREEN T. LICCIONE

Judge of the Court of Claims