McFadden v. State of New York, 138 A.D.3d 1167 (N.Y. App. Div. 2016). · Go Syfert
McFadden v. State of New York, 138 A.D.3d 1167 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of James M. McDonald III Trust (JP Morgan Chase Bank, N.A.) (nyappdiv, 2026-06-04)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of James M. McDonald III Trust (JP Morgan Chase Bank, N.A.)
N.Y. App. Div. · 2026 · confidence medium
"Summary judgment is a drastic remedy, to be granted only where the moving party has tendered sufficient evidence to demonstrate the absence of any material issues of fact and then only if, upon the moving party's meeting of this burden, the non-moving party fails to establish the existence of material issues of fact which require a trial of the action" ( McFadden v State of New York , 138 AD3d 1167, 1167 [3d Dept 2016] [internal quotation marks and citations omitted], appeal dismissed 28 NY3d 947 [2016]; see Cole v Triple M Excavating & Trucking LLC , 237 AD3d 1304 , 1304-1305 [3d Dept 2025])…
discussed Cited as authority (rule) Ficel Transp., Inc. v. State of New York
N.Y. App. Div. · 2022 · confidence medium
As such, we conclude that defendant failed to "tender[] sufficient evidence to demonstrate the absence of any material issues of fact" with respect to whether the MFN clause applied to the offsets ( McFadden v State of New York , 138 AD3d 1167, 1167 [3d Dept 2016], appeal dismissed 28 NY3d 947 [2016]), and the Court of Claims should have denied defendant's motion regardless of the sufficiency of claimants' opposing papers ( see Vega v Restani Constr.
discussed Cited as authority (rule) Lemieux v. Horn
N.Y. App. Div. · 2022 · confidence medium
It is beyond cavil that summary judgment is a drastic remedy that deprives a litigant of his or her day in court; as such, it should not be granted where there is any doubt as to the existence of triable issues of fact ( see McFadden v State of New York , 138 AD3d 1167, 1167 [3d Dept 2016], appeal dismissed 28 NY3d 947 [2016]; Benizzi v Bank of the Hudson , 50 AD3d 1372, 1373 [*4][3d Dept 2008]).
discussed Cited as authority (rule) Smero v. City of Saratoga Springs
N.Y. App. Div. · 2018 · confidence medium
In considering applications of this nature, courts must focus on issue finding rather than issue determination, and deny the drastic remedy of summary judgment if there is any doubt as to whether a material factual issue exists or if such an issue is even arguable" ( Lacasse v Sorbello , 121 AD3d 1241, 1241-1242 [2014] [internal quotation marks, brackets and citations omitted]; see De Lourdes Torres v Jones , 26 NY3d 742, 763 [2016]; McFadden v State of New York , 138 AD3d 1167, 1167 [2016], appeal dismissed 28 NY3d 947 [2016]).
Retrieving the full opinion text from the archive…
Reginald G. McFadden, Appellant,
v.
State of New York, Respondent
516028.
Appellate Division of the Supreme Court of the State of New York.
Apr 7, 2016.
138 A.D.3d 1167
Devine, McCarthy, Egan, Rose, Clark.
Cited by 4 opinions  |  Published
Devine, J.

Appeal from an order of the Court of Claims (Milano, J.), entered December 12, 2012, which denied claimant’s motion for partial summary judgment.

Claimant, an inmate, commenced this action contending that correction officers used excessive force and assaulted him in three successive incidents that occurred during a single day. He further asserts that defendant thereafter failed to provide him with appropriate medical care. He moved for partial summary judgment on the issue of liability. The Court of Claims denied the motion and claimant appeals.

We affirm. “Summary judgment is a drastic remedy, to be granted only where the moving party has tendered sufficient evidence to demonstrate the absence of any material issues of fact and then only if, upon the moving party’s meeting of this burden, the non-moving party fails to establish the existence of material issues of fact which require a trial of the action” (Vega v Restani Constr. Corp,, 18 NY3d 499, 503 [2012] [internal quotation marks, brackets and citations omitted]; see Lacasse v Sorbello, 121 AD3d 1241, 1241-1242 [2014]). Claimant stated in his affidavit that he was subjected to three separate unprovoked attacks by correction officers within a short period of time causing injuries for which he was sent to a hospital outside the facility. In opposition to the motion, defendant submitted affidavits by correction officers involved in the events at issue, and those individuals relay a markedly different version of events. They state that a handheld metal detector[*1168] indicated that claimant had metal near his groin, after which claimant was escorted without incident to the facility hospital for a body orifice security scan. Once there, claimant suddenly attempted to flee the area. He was subdued following a struggle with the officers, after which a homemade metal weapon was discovered on the floor. Viewed in the light most favorable to defendant as the nonmovant (see Barrett v Watkins, 82 AD3d 1569, 1571 [2011]; Encarnacion v State of New York, 49 AD3d 1038, 1039 [2008]), there are triable issues as to what transpired and whether the force employed by the officers was reasonable.

With respect to claimant’s contention that defendant caused additional injuries to him by failing to follow proper medical protocols when he returned from the outside hospital, claimant did not meet his prima facie burden in that he failed to submit any expert proof pertinent to such issue (see Knight v State of New York, 127 AD3d 1435, 1435 [2015], appeal dismissed 25 NY3d 1212 [2015]; Trottie v State of New York, 39 AD3d 1094, 1095 [2007]; Tatta v State of New York, 19 AD3d 817, 818 [2005], lv denied 5 NY3d 712 [2005]). Claimant’s remaining arguments have been considered and lack merit.

McCarthy, J.P., Egan Jr., Rose and Clark, JJ., concur.

Ordered that the order is affirmed, without costs.