New York State Court of Claims

New York State Court of Claims
ELEBY v. THE STATE OF NEW YORK, # 2021-059-061, Claim No. 133622, Motion No. M-96885

Synopsis

Case information

UID: 2021-059-061
Claimant(s): TERRELL K. ELEBY
Claimant short name: ELEBY
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 133622
Motion number(s): M-96885
Cross-motion number(s):
Judge: MAUREEN T. LICCIONE
Claimant's attorney: Terrell K. Eleby, pro se
Defendant's attorney: HON. LETITIA JAMES, ATTORNEY GENERAL
By: Dorothy M. Keogh, Assistant Attorney General
Third-party defendant's attorney:
Signature date: September 28, 2021
City: Hauppauge
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

This is a motion "for judgment on the pleading" by claimant, Terrell K. Eleby (Claimant), an incarcerated person who is proceeding pro se. The State of New York opposes the motion.

A motion for a judgment on the pleadings is no longer a procedure recognized by the Civil Practice Law and Rules (CPLR). The equivalent under the current rules is a motion for summary judgment (see, McKinney's Commentaries, Connors, P., C3018:4). Here, Claimant's prior motion for summary judgment was denied by decision and order of this Court dated January 22, 2021.

"Generally, successive motions for summary judgment should not be entertained, absent a showing of newly discovered evidence or other sufficient cause" (Duchnowski v State of New York, UID No. 2021-053-503 [Ct Cl, Sampson, J., Jan. 25, 2021], quoting Tingling v C.I.N.H.R., Inc., 120 AD3d 570, 570 [2d Dept 2014][citations omitted]). Here, Claimant has failed to identify or offer any newly discovered evidence or other sufficient cause to warrant consideration of a second motion for summary judgment. Absent sufficient cause for advancing a second summary judgment motion, Claimant's second motion is denied on this basis alone (Hillrich Holding Corp. v. BMSL Mgmt., LLC, 175 A.D.3d 474, 103 N.Y.S.3d 846 [2d Dept, 2019]).

Accordingly, it is

ORDERED that Claimant's motion (motion no. M-96885) is denied.

September 28, 2021

Hauppauge, New York

MAUREEN T. LICCIONE

Judge of the Court of Claims