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Boomer v. Deperio

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


January 12, 2010

SOLOMON BOOMER, PLAINTIFF,
v.
JOSE DEPERIO, STEPHEN LASKOWSKI, ROBERT M. TAKOS, LESTER N. WRIGHT, M.D., DEFENDANTS.

The opinion of the court was delivered by: David G. Larimer United States District Judge

DECISION AND ORDER

Plaintiff's motion for summary judgment (Dkt. #58) is denied. In deciding that motion, the Court must viewing the factual record in this case in the light most favorable to the non-moving parties, i.e., the defendants, and draw all reasonable inferences in their favor. Leibowitz v. Cornell University, 584 F.3d 487, 498 (2d Cir. 2009). Applying that standard here, it would clearly be impossible to grant summary judgment for plaintiff without resolving disputed issues of fact, which the Court may not do on a motion for summary judgment. See Goldberg & Connolly v. New York Community Bancorp, Inc., 565 F.3d 66, 71 (2d Cir. 2009).

CONCLUSION

Plaintiff's motion for summary judgment (Dkt. #58) is denied.

IT IS SO ORDERED.

Dated: Rochester, New York January 12, 2010.

20100112

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