Broughton v. State

Appellate Division of the Supreme Court of New York

Broughton v. State

32 A.D.2d 871, 301 N.Y.S.2d 461, 1969 N.Y. App. Div. LEXIS 3639

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1969·No. Claim No. 50621·Published·Cited by 3 cases

Opinion

Reynolds, J.

Appeal from an order of the Court of Claims denying appellant’s cross motion for summary judgment. Concededly, summary judgment is available in the Court of Claims (e.g. Chemical Bank N. Y. Trust v. State of New York, 27 A D 2d 427, 428; Vern Norton, Inc. v. State of New York, 27 A D 2d 13), but on the instant record, considering the affidavits and supporting papers submitted on the original motion as well as on the cross motion, appellant’s motion was properly denied. Order affirmed, with costs. Herlihy, J. P., Reynolds, Cooke and Greenblott, JJ., concur in memorandum by Reynolds, J.; Aulisi, J., not voting.

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Reynolds, J.

Appeal from an order of the Court of Claims denying appellant’s cross motion for summary judgment. Concededly, summary judgment is available in the Court of Claims (e.g. Chemical Bank N. Y. Trust v. State of New York, 27 A D 2d 427, 428; Vern Norton, Inc. v. State of New York, 27 A D 2d 13), but on the instant record, considering the affidavits and supporting papers submitted on the original motion as well as on the cross motion, appellant’s motion was properly denied. Order affirmed, with costs. Herlihy, J. P., Reynolds, Cooke and Greenblott, JJ., concur in memorandum by Reynolds, J.; Aulisi, J., not voting.

Broughton v. State, 32 A.D.2d 871, 301 N.Y.S.2d 461, 1969 N.Y. App. Div. LEXIS 3639 (N.Y. Ct. App. 1969).

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