New York State Court of Claims

New York State Court of Claims

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Score: 449 July 10, 2018 2018-054-076 : CLARK v. THE STATE OF NEW YORK, # 2018-054-076, Claim No. 126827 
Pro se claimant, trial letter returned, claim dismissed for failure to prosecute.
Score: 449 July 10, 2018 2018-054-077 : CLARK v. THE STATE OF NEW YORK, # 2018-054-077, Claim No. 128412 
Pro se claimant, trial letter returned, claim dismissed for failure to prosecute.
Score: 498 July 9, 2018 20178-054-072 : CURRY v. THE STATE OF NEW YORK, # 20178-054-072, Claim No. 128083 
inmate eye injury from tear gas, no medical evidence submitted, tear gas lawfully released when C.O. observed a disturbance. Claim dismissed.
Score: 299 July 6, 2018 2018-015-129 : TILLMAN v. THE STATE OF NEW YORK, # 2018-015-129, Claim No. 123743 
Pro se inmate's claim alleging the use of excessive force was dismissed following a trial.
Score: 678 July 5, 2018 2018-029-066 : MASON v. THE STATE OF NEW YORK, # 2018-029-066, Claim No. 125234 
After a trial on damages, claimant proved she sustained two serious injuries as a result of a collision involving a State Police vehicle. The court awarded $350,000 in non-economic damages only, reduced to $245,000 after application of claimant's 30% comparative fault.
Score: 670 July 2, 2018 2018-053-536 : TOLIVER v. THE STATE OF NEW YORK, # 2018-053-536, Claim No. 127546, Motion Nos. M-92049, M-92099 M-92049, M-92099
Claimant, an inmate proceeding pro se, alleges two separate claims. The State brought a motion to dismiss both claims. Claimant filed a motion for relief under the continuous treatment doctrine. The State's motion is granted and claimant's motion is denied in all respects.
Score: 299 June 27, 2018 2018-038-564 : DORCINVIL v. STATE OF NEW YORK, # 2018-038-564, Claim No. 130024, Motion No. M-92226 M-92226
Claimant's motion to compel disclosure denied as premature; no allegation or proof that discovery demand was served or that defendant failed to respond to or comply with any such request.
Score: 475 June 27, 2018 2018-032-012 : WILSON v. THE STATE OF NEW YORK, # 2018-032-012, Claim No. 127966 
Claimant, an inmate proceeding pro se, brings the instant claim alleging unsafe working conditions at Five Points Correctional Facility. Following a trial, the Court dismisses the claim. Defendant had no duty to instruct or train claimant on how to remove bags of food from kettles.
Score: 498 June 27, 2018 2018-038-562 : EDWARDS v. THE STATE OF NEW YORK, # 2018-038-562, Claim No. 123656, Motion No. M-92025 M-92025
Claimant's motion to compel defendant to produce DVD and for trial by jury denied.
Score: 449 June 27, 2018 2018-054-069 : LEZYNSKI-BARNES v. THE STATE OF NEW YORK, # 2018-054-069, Claim No. NONE, Motion No. M-92278 M-92278
Late claim application denied, allegations are of questionable merit, attacks not foreseeable.
Score: 420 June 27, 2018 2018-038-563 : ROMANO-CLINTON v. THE STATE UNIVERSITY OF NEW YORK AT NEW PALTZ, # 2018-038-563, Claim No. 130853, Motion No. M-92128 M-92128
Claim dismissed for lack of service upon Attorney General. Constructive notice via service upon the named defendant and actual notice of filing of the claim.
Score: 475 June 27, 2018 2018-041-047 : NUNEZ v. THE STATE OF NEW YORK, # 2018-041-047, Claim No. 128045, Motion No. M-90814 M-90814
Defendant is directed to disclose via
Score: 498 June 26, 2018 2018-053-535 : SCOTT v. STATE OF NEW YORK, # 2018-053-535, Claim No. 128856, Motion No. M-92117 M-92117
Claimant, an inmate proceeding pro se, brought a motion for summary judgment which was denied. Claimant's motion papers failed to comply with CPLR 3212 (b).  In the alternative, the Court finds numerous questions of fact exist that require the denial of claimant's motion.
Score: 449 June 25, 2018 2018-032-036 : MERCER v. CITY OF KINGSTON POLICE DEPARTMENT, OFFICERS B. LOWE AND HOTALING AND THE STATE OF NEW YORK, # 2018-032-036, Claim No. 124574, Motion Nos. M-91627, M-92301 M-91627, M-92301
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over officers of the Kingston Police Department, and the claim fails to allege any wrongdoing by the State of New York.
Score: 637 June 25, 2018 2018-032-035 : SHABAT v. THE STATE OF NEW YORK and CITY UNIVERSITY OF NEW YORK, # 2018-032-035, Claim No. 128591, Motion No. M-91584 M-91584
Defendants' motion for summary judgment is granted and the claim is dismissed for claimant's failure to plead the location where the claim arose with sufficient specificity pursuant to Court of Claims Act § 11 (b).
Score: 347 June 25, 2018 2018-015-137 : J.P. v. THE STATE OF NEW YORK, # 2018-015-137, Claim No. 126435, Motion No. M-92029 M-92029
Claimant's motion to compel discovery was granted in part.
Score: 299 June 25, 2018 2018-054-070 : BROWN v. THE STATE OF NEW YORK, # 2018-054-070, Claim No. 122129, Motion No. M-92348 M-92348
Motion to amend claim denied-cause of action lacks merit, protected by judicial immunity.
Score: 347 June 21, 2018 2018-054-064 : BROWN v. THE STATE OF NEW YORK, # 2018-054-064, Claim No. 122129, Motion No. M-92286 M-92286
Motion for summary judgment denied-issues of material fact.
Score: 388 June 21, 2018 2018-038-561 : MANUEL v. THE STATE OF NEW YORK, # 2018-038-561, Claim No. None, Motion No. M-92050 M-92050
Motion to treat notice of intention as the claim was untimely because it was not made until more than one year after the accrual of the cause of action for wrongful confinement.
Score: 555 June 21, 2018 2018-054-063 : LEGRAND v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, # 2018-054-063, Claim No. 126879, Motion No. M-92126, Cross-Motion No. CM-92336 M-92126
defendant's motion to dismiss granted-untimely filed and served and claimant's late claim application denied.-statute of limitations lapsed.
Score: 149 June 20, 2018 2018-038-559 : ANEKWE v. THE STATE OF NEW YORK, # 2018-038-559, Claim No. 127024, Motion No. M-91993 M-91993
Motion for issuance of a commission pursuant to CPLR 3108 denied without prejudice. Movant has not demonstrated service of the motion on the intended deponent, and has not shown that he has secured the consent or agreement of the proposed agent.
Score: 518 June 20, 2018 2018-015-136 : BAXTER v. THE STATE OF NEW YORK , # 2018-015-136, Claim No. 128965, Motion No. M-92009 M-92009
Claim was dismissed for lack of service on the Attorney General.
Score: 420 June 20, 2018 2018-054-068 : MURILLO v. THE STATE OF NEW YORK, # 2018-054-068, Claim No. NONE, Motion No. M-92219 M-92219
Late claim application denied-wrongful confinement claim not brought within one-year statute of limitations.
Score: 498 June 20, 2018 2018-045-022 : DIXON v. THE STATE OF NEW YORK, # 2018-045-022, Claim No. 127510, Motion No. M-91782 M-91782
Administrator substituted in the caption. Claimants also seeks to add wrongful death claim.
Score: 475 June 20, 2018 2018-015-135 : BROWN v. THE STATE OF NEW YORK, # 2018-015-135, Claim No. 130768, Motion No. M-91978 M-91978
Defendant's motion to dismiss a wrongful confinement claim on the ground it was served beyond the applicable time limitations was granted. A claim for wrongful confinement in the prison setting accrues on the date of release from the punitive confinement, not on the date the administrative hearing determination was reversed.
Score: 449 June 20, 2018 2018-054-066 : DOVE v. THE STATE OF NEW YORK, # 2018-054-066, Claim No. 126799, Motion Nos. M-92133, M-92200 M-92133, M-92200
Motion to dismiss granted-claim not sent by certified mail.
Score: 420 June 20, 2018 2018-054-065 : WORD v. THE STATE OF NEW YORK, # 2018-054-065, Claim No. 131356, Motion No. M-92329 M-92329
Defendant's motion to dismiss granted-untimely service and failure to state a cause of action,
Score: 475 June 20, 2018 2018-054-061 : MONTERO v. THE STATE OF NEW YORK, GREENE CORRECTIONAL FACILITY, # 2018-054-061, Claim No. 129482, Motion No. M-92325 M-92325
Defendant's motion to dismiss granted-service of notice of intention cannot be used to extend time to file or serve a claim.
Score: 236 June 20, 2018 2018-041-045 : POULOS v. THE STATE OF NEW YORK, # 2018-041-045, Claim No. 128764, Motion No. M-91370, Cross-Motion No. CM-92105 M-91370
Claimant's cross-motion for permission to serve and file second amended claim is granted where defendant would not be surprised or prejudiced and where second amended claim is not shown to be without merit; defendant's motion to dismiss the claim and amended claim is denied as moot.
Score: 475 June 20, 2018 2018-015-134 : FERNANDEZ v. THE STATE OF NEW YORK, # 2018-015-134, Claim No. 124719, Motion No. M-92010 M-92010
Motion to vacate default in appearing for trial was denied. Claimant's action sounded in medical malpractice for which a affidavit from a medical expert to establish the potential merit of the claim was required.
Score: 388 June 20, 2018 2018-054-062 : COSME v. THE STATE OF NEW YORK, # 2018-054-062, Claim No. 127580, Motion No. M-92318 M-92318
Motion to dismiss granted-service on defendant by regular mail.
Score: 637 June 19, 2018 2018-038-552 : GANPAT-SUKRAM v. THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, AND NEW YORK STATE OFFICE OF INFORMATION TECHNOLOGY SERVICES, # 2018-038-552, Claim No. 125582, Motion No. M-90322 M-90322
Defendant's unopposed motion to dismiss claim under the Human Rights Law, and for summary judgment, granted. All but one allegation of discrimination were untimely, and there was no issue of fact that there was not a materially adverse change in the terms of claimant's employment. Defendant demonstrated prima facie that there was insufficient objective evidence of racial animus to support a claim of a racially hostile work environment.
Score: 475 June 19, 2018 2018-038-557 : FORBES v. THE STATE OF NEW YORK, # 2018-038-557, Claim No. None, Motion No. M-92054 M-92054
Motion for late claim relief denied as untimely.
Score: 475 June 19, 2018 2018-038-558 : FORBES v. THE STATE OF NEW YORK, # 2018-038-558, Claim No. None, Motion No. M-92055 M-92055
Motion for late claim relief denied as untimely.
Score: 537 June 19, 2018 2018-038-555 : DINERMAN v. NY LOTTERY, # 2018-038-555, Claim No. 130115, Motion No. M-92007 M-92007
Defendant's motion to dismiss granted for lack of jurisdiction due to claimant's failure to comply with the pleading requirements of Court of Claims Act § 11 (b).
Score: 498 June 19, 2018 2018-053-534 : SCOTT v. THE STATE OF NEW YORK, # 2018-053-534, Claim No. 125075, 126401, Motion No. M-91942 M-91942
The alleged proposed executor of the estate of claimant, formerly an inmate, brought a motion seeking to be substituted for the deceased claimant and to amend the captions of his two claims. The decedent's spouse failed to demonstrate in accordance with CPLR 1015 (a) that she is the duly appointed representative of the estate and include an affidavit as the proposed executor.
Score: 475 June 19, 2018 2018-038-554 : DAVIS v. STATE OF NEW YORK, # 2018-038-554, Claim No. 129523, Motion No. M-91970 M-91970
Motion for default judgment - even if available against the State - is denied because claimant has not demonstrated that the claim was properly served upon, or received by, the Attorney General.
Score: 687 June 15, 2018 2018-029-058 : RAILROAD v. THE STATE OF NEW YORK, # 2018-029-058, Claim No. 126012, Motion No. M-90878 M-90878
Twenty-six joined claims against the State of New York alleged negligence arising from a Metro-North commuter train collision with an SUV on February 3, 2015, at the Commerce Street highway-rail grade crossing in the Town of Mt. Pleasant. The collision resulted in multiple deaths and injuries. The court treated defendant's motion to dismiss all twenty-six joined claims as a motion for summary judgment pursuant to CPLR 3211(c), granted the motion, and dismissed the claims.
Score: 763 June 15, 2018 2018-032-033 : SMITH v. THE STATE OF NEW YORK, # 2018-032-033, Claim No. 130241, Motion No. M-91237 M-91237
Defendant's motion to dismiss the claim is granted for claimant's failure to timely file the claim in accordance with Court of Claims Act §§ 10 (3) and (3-b).
Score: 555 June 14, 2018 2018-015-133 : NI'I' NE'E' v. THE STATE OF NEW YORK, # 2018-015-133, Claim No. 128989, Motion No. M-91961 M-91961
Claim was dismissed for improper service, lack of jurisdiction, and failure to state a cause of action.
Score: 347 June 14, 2018 2018-015-132 : FOX v. THE STATE OF NEW YORK, # 2018-015-132, Claim No. 129296, Motion No. M-91794 M-91794
Claimant's motion for spoliation sanctions was denied as he failed to establish the date by which the defendant knew of should have known to preserve the prison video or the circumstances of its destruction.
Score: 498 June 14, 2018 2018-054-044 : PANZER v. THE STATE OF NEW YORK, # 2018-054-044, Claim No. 130727, Motion No. M-91762 M-91762
Pre-answer motion to dismiss granted, wrongful death claim not timely.
Score: 420 June 14, 2018 2018-054-060 : CURRY v. THE STATE OF NEW YORK, # 2018-054-060, Claim No. 124935 
Wrongful confinement claim denied-items not specified which were taken possession of, no proof of value.
Score: 236 June 14, 2018 2018-015-131 : RUCANO v. STATE OF NEW YORK, # 2018-015-131, Claim No. 128141, Motion No. M-91828 M-91828
Pro se inmate's motion to amend his claim was denied.
Score: 498 June 13, 2018 2018-054-046 : GREEN v. THE STATE OF NEW YORK, # 2018-054-046, Claim No. 123172 
Inmate on inmate assault-double-cell housing in cadre unit justified, defendant not liable for attack, not foreseeable.
Score: 848 June 13, 2018 2018-053-532 : ARLOTTA v. STATE OF NEW YORK, # 2018-053-532, Claim No. NONE, Motion No. M-91553 M-91553
Claimant's motion for permission to file a late claim is denied. Claimant failed to establish that any of the factors set forth in Court of Claims Act Section 10 (6) weigh in favor of late claim relief.
Score: 475 June 13, 2018 2018-038-108 : VALENTIN v. THE STATE OF NEW YORK(2) , # 2018-038-108, Claim No. 127111 
If it was found after trial that correction officers assaulted claimant without provocation or need to maintain institutional order, proof did not demonstrate that they were acting within the scope of their employment, and thus, defendant was not liable to claimant under the doctrine of respondent superior.
Score: 388 June 12, 2018 2018-053-531 : ORRACA v. THE STATE OF NEW YORK, # 2018-053-531, Claim No. 128991, Motion No. M-91948 M-91948
Claimant, an inmate proceeding pro se, brought a motion for summary judgment which was denied. Claimant alleged that he was wrongfully confined in SHU but his motion submissions failed to specify what regulations were violated and establish how they were violated.  The mere fact that the hearing determination was reversed and an expungement order issued does not give rise to a per se entitlement to recovery for wrongful confinement.
Score: 678 June 11, 2018 2018-040-055 : COOKE v. THE STATE OF NEW YORK, # 2018-040-055, Claim No. 127563, Motion No. M-91283, Cross-Motion No. CM-91501 M-91283
State's Motion: (1) to Dismiss based upon non-verification of Notice of Intent denied as State did not properly reject document; (2) for Summary Judgment denied as Court finds issues of fact exist.
Score: 347 June 8, 2018 2018-038-551 : VARGHESE v. THE STATE OF NEW YORK(1) , # 2018-038-551, Claim No. 127007, Motion No. M-91365, Cross-Motion No. CM-91629 M-91365
Defendant's motion for summary judgment denied; claimant's cross motion for spoliation sanction denied. Claimant's car collided with defendant's snow plow, and submissions on the summary judgment motion did not demonstrate lack of factual issues regarding whether the driver was actually working on a highway such that Vehicle and Traffic Law 1103 (b) applied, and if it does, whether the driver operated his vehicle with reckless disregard for the safety of claimant could not be resolved on this motion for summary judgment. Claimant's cross motion for sanctions did not demonstrate that claimant was bereft of evidence or could not otherwise support his claim that the driver was not actually engaged in work on the highway.