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ARIAS v. STATE OF NY

195 Misc.2d 64 (2003)

755 N.Y.S.2d 223

CHRISTINE N. ARIAS, Individually and as Limited Administrator of the Estate of WILLIAM E. NEWBORN, JR., Deceased, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 97942.)

Court of Claims.

January 27, 2003.

Attorney(s) appearing for the Case

John D.B. Lewis and Gary E. Divis for claimant.

Eliot Spitzer, Attorney General (Vincent M. Cascio of counsel), for defendant.

OPINION OF THE COURT

STEPHEN J. MIGNANO, J.

At the outset, the court is well aware that summary judgment is a drastic remedy to be granted sparingly and only where no material issues of fact are demonstrated in the papers related to the motion (see, Crowley's Milk Co. v Klein, 24 A.D.2d 920 [3d Dept 1965]; Wanger v Zeh, 45 Misc.2d 93

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