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Caster v. State
Citations: 267 A.D.2d 1003; 700 N.Y.S.2d 886Docket: Claim No. 95499
Court: Appellate Division of the Supreme Court of the State of New York; December 29, 1999; New York; State Appellate Court
Order reversed unanimously on legal grounds, with costs not awarded, the motion denied, and the claim reinstated. The Court of Claims incorrectly granted the defendant's motion for summary judgment to dismiss the claim. The defendant did not provide sufficient evidence to refute the allegations as detailed in the bill of particulars, which attributed the accident to the incline of the exhibition setup. The defendant's failure to establish a prima facie case for judgment as a matter of law necessitated the denial of the motion, irrespective of the opposing party's evidence. This decision was made on appeal from the Court of Claims, presided over by Judge Patti, with Justices Pine, Hayes, Wisner, Pigott Jr., and Scudder in agreement.