GREEN v. STATE


56 A.D.3d 1056 (2008)

867 N.Y.S.2d 765

SHAWN GREEN, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 26, 2008.


Malone Jr., J.

Claimant, a prison inmate, filed a motion for summary judgment in lieu of complaint seeking to recover for the alleged loss of personal property during the course of a transfer for a court appearance. Defendant opposed the motion contending, among other things, that a motion pursuant to CPLR 3213 was inappropriate in light of the relief sought by claimant. The Court of Claims denied claimant's motion finding, among other things, that it lacked subject...

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