A party that opposes summary judgment must provide an evidentiary foundation to establish the existence of a genuine issue of material fact. The plaintiff's complaint alleged that the defendant lawyer, John Cannavino Jr., and the Law Offices of Ryan, Ryan, DeLuca LLP, submitted a medical records release form to the Lawrence and Memorial Hospital and received 29 pages of the plaintiff's medical records. The plaintiff sued the lawyer and law firm, alleging that the plaintiff did not execute the medical records release form and that the defendant lawyer violated his constitutional rights, engaged in misconduct, acted maliciously and violated his right to privacy. The defendants moved for summary judgment and argued that in an earlier case that the plaintiff filed, the plaintiff sought an order of contempt against Attorney Cannavino on similar grounds, and the District Court, Chatigny, J., denied the plaintiff's motion for contempt. The Superior Court found that the doctrine of collateral estoppel applied. In addition, Attorney Cannavino filed an affidavit in the present suit, asserting that he has not received any of the plaintiff's medical records from the Lawrence and Memorial Hospital. The plaintiff apparently did not oppose Cannavino's assertions or provide any evidence to contradict Cannavino's affidavit. The plaintiff failed to establish a basis for claims that his constitutional rights were infringed or that the defendants committed legal malpractice, fraud or acted maliciously. The court granted judgment to the defendants.

VIEW FULL CASE