New York State Court of Claims

New York State Court of Claims
GURVEY v. THE STATE OF NEW YORK, # 2020-015-055, Claim No. 128261, Motion No. M-95159

Synopsis

Claimant's motion for summary judgment was denied as the claim was previously dismissed.

Case information

UID: 2020-015-055
Claimant(s): AMY WEISSBROD-GURVEY
Claimant short name: GURVEY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 128261
Motion number(s): M-95159
Cross-motion number(s):
Judge: FRANCIS T. COLLINS
Claimant's attorney: Amy Weissbrod-Gurvey, Pro Se
Defendant's attorney: Honorable Letitia James, Attorney General
By: Douglas R. Kemp, Esq., Assistant Attorney General
Third-party defendant's attorney:
Signature date: May 11, 2020
City: Saratoga Springs
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

Claimant, proceeding pro se, moves for summary judgment in her favor pursuant to CPLR 3212.

By Decision and Order dated February 10, 2017 (filed March 24, 2017), defendant's motion to dismiss the claim (motion no. M-89368) was granted, and the claim was dismissed. Claimant subsequently made the following motions: (1) a motion to renew and reargue, which was denied by Decision and Order dated June 7, 2017 (filed June 28, 2017); (2) a motion to renew, which was denied by Decision and Order dated August 20, 2018 (filed September 7, 2018), and (3) a motion to renew or reargue, which was denied by decision dated October 31, 2019 (filed January 2, 2020).

Claimant's present motion for summary judgment must be denied as moot as the claim was previously dismissed.

May 11, 2020

Saratoga Springs, New York

FRANCIS T. COLLINS

Judge of the Court of Claims

Papers Considered:

  1. Notice of motion dated November 29, 2019;
  2. Affidavit in support sworn to November 29, 2019, with Exhibits 1 and 2;
  3. Affirmation in Opposition dated January 30, 2020.