Harold Harris v. Paul McCullough (2011)

MEMORANDUM OF DECISION

The court having heard the motion for argument regarding Summary Judgment # 115, the court grants the motion to reargue.

As to the motion for Summary Judgment Motion # 107, the court vacates its prior order.   The court has reviewed the Motion for Summary Judgment, and the supporting papers therein and Motion # 116, and the contents thereof.   The court has reviewed the notice of filing of objection to defendant's motion for summary judgment.

This case was brought by a pro se plaintiff.   The matter began in the small claims court.   The word “neglect” is used in the small claims action.   The defendant says “neglect equals negligence.”   The court disagrees.   Neglect as defined in its first dictionary definition, is to disregard.   Also, to give little attention or respect to.   To leave undone.

Accordingly, the court finds the complaint sounds in contract, which is a six-year statute of limitations.   It is clear to this court that the negligence claim is not part of this case.   Accordingly, the court rules that if the claim is negligence, it is barred by the statute of limitations.   Since the plaintiff claims it sounds in contract, the case survives the motion for summary judgment.   Accordingly, the court orders as follows:

1.  The motion for summary judgment # 107 is denied.

2. The plaintiff's objection # 114 is sustained.

3. The defendant's objection # 117 is overruled.

This matter is presently scheduled for jury trial beginning May 17, 2011 per the court records.

SO ORDERED.

Edward R. Karazin, JR. J.T.R.

Karazin, Edward R., J.T.R.