New York State Court of Claims |
|
Your query court returned 50 results.
 |
August 28, 2019 | 2019-015-186 : ANAND v. THE STATE OF NEW YORK, # 2019-015-186, Claim No. 129898, 129899, Motion No. M-94400 M-94400 Pro se claimant's motion for the issuance of subpoenas to compel the attendance of witnesses and documents at trial was denied as the defendant agreed to produce the witness and materials that claimant demonstrated were material and necessary to the prosecution of his claim. Subpoenas were therefore unnecessary. |
 |
August 7, 2019 | 2019-015-177 : MYERS v. THE STATE OF NEW YORK, # 2019-015-177, Claim No. 121690, Motion No. M-94091 M-94091 Claim alleging multiple sexual assaults during a one-month period was sufficiently specific to meet the requirements of Court of Claims Act § 11 (b). |
|
August 2, 2019 | 2019-038-575 : ANDERSON v. STATE OF NEW YORK, # 2019-038-575, Claim No. 130874, Motion No. M-93751 M-93751 Defendant's motion to dismiss granted for improper manner of service (first class mail) and failure to state a cause of action. |
 |
August 1, 2019 | 2019-038-107 : LOBBAN v. THE STATE OF NEW YORK, # 2019-038-107, Claim No. 124682 |
|
July 29, 2019 | 2019-040-060 : FLEMING v. THE STATE OF NEW YORK, # 2019-040-060, Claim No. 132468, Motion No. M-93896 M-93896 State's Motion to Dismiss for failure to exhaust administrative remedies prior to serving and filing the Claim denied as administrative claim was filed seven months before Claim was filed and was not decided at the time Claim was filed. |
 |
July 29, 2019 | 2019-053-529 : LEWIS v. STATE OF NEW YORK, # 2019-053-529, Claim No. 128361, Motion No. M-93763 M-93763 The pro se claimant's motion to dismiss numerous affirmative defenses in the defendant's answer and for permission to late file and serve a claim are all denied. |
 |
July 29, 2019 | 2019-038-106 : DAWES v. THE STATE OF NEW YORK, # 2019-038-106, Claim No. 124671 |
|
July 26, 2019 | 2019-053-526 : DOLEMAN v. THE STATE OF NEW YORK, # 2019-053-526, Claim No. 132430, Motion No. M-93605 M-93605 The State's motion to dismiss the claim is granted. The claim was jurisdictionally defective as the notice of intention and claim were not timely served and the claim was improperly served by regular mail. |
|
July 25, 2019 | 2019-040-059 : BATISTA-REYES v. THE STATE OF NEW YORK, # 2019-040-059, Claim No. 132544, Motion No. M-93989 M-93989 OSC to have Court so order subpoenas duces tecum directed to Albany County and Rensselaer County District Attorneys granted. |
|
July 24, 2019 | 2019-038-572 : LEBRON v. DEPT. OF CORRECTIONS UPSTATE/NYS GREENHAVEN CORR. FACILITY OFFICERS, # 2019-038-572, Claim No. 124649, Motion Nos. M-93812, M-93940, M-94001 M-93812, M-93940, M-94001 Defendant's motion to dismiss on jurisdictional grounds granted. Claimant's motion to appoint counsel and motion to compel discovery denied as moot. |
|
July 24, 2019 | 2019-045-016 : N.R. v. THE STATE OF NEW YORK, # 2019-045-016, Claim No. None, Motion No. M-93475 M-93475 Claimant's motion for late claim relief. Claimant assaulted by another patient at SUNY Stony Brook CPEP. Negligence claim. |
 |
July 23, 2019 | 2019-038-571 : YOUNG v. THE STATE OF NEW YORK, # 2019-038-571, Claim No. 131439, Motion No. M-94118 M-94118 Claimant's motion for summary judgment denied. Claimant failed to include the claim or any pleadings in support of his motion, which is a requirement of CPLR 3212 [b]. |
|
July 23, 2019 | 2019-015-175 : SCOTT v. STATE OF NEW YORK, # 2019-015-175, Claim No. 129709, Motion No. M-94155 M-94155 Claimant's motion to weigh the evidence and for the assignment of counsel was denied. |
|
July 23, 2019 | 2019-041-047 : RODGERS v. THE STATE OF NEW YORK, # 2019-041-047, Claim No. 131757, Motion No. M-94051 M-94051 Defendant's motion to dismiss wrongful confinement claim as untimely pursuant to Court of Claims Act section 10 because notice of intention to file claim failed to comply with pleading requirements of Court of Claims Act 11 (b), and thus failed to extend time to serve claim, is denied. |
|
July 19, 2019 | 2019-015-170 : CASTELANO v. THE STATE OF NEW YORK, # 2019-015-170, Claim No. 128668, Motion No. M-94153 M-94153 Defendant's motion to dismiss the claim was granted as the claim was served 93 days after the claim accrued. |
|
July 19, 2019 | 2019-054-038 : MILLER v. THE STATE OF NEW YORK, # 2019-054-038, Claim No. 131502, Motion Nos. M-93825, M-93826 M-93825, M-93826 Incorrect date of accrual is a jurisdictional defect which cannot be cured by an amendment; issues raised in reply are permitted where adversary was afforded an opportunity to respond in surreply; untimely amendment of a pleading is a nullity; defendant is not obligated to ferret at or assemble into which claimant is obligated to allege; late claim application denied, no appearance of merit; timely application to treat Notice of Intention to File a Claim as a claim is granted pursuant to Court of Claims Act 10 (8) (a). |
 |
July 19, 2019 | 2019-015-174 : TERRENCE v. THE STATE OF NEW YORK, # 2019-015-174, Claim No. 123924, Motion No. M-94125 M-94125 Claimant's motion to renew a trial decision and for the assignment of counsel was denied. A motion to renew is not the proper procedural vehicle to seek vacatur of a trial decision and, in any event, the motion lacked merit. |
|
July 19, 2019 | 2019-015-173 : SOTO v. THE STATE OF NEW YORK, # 2019-015-173, Claim No. 127876, Motion No. M-94154 M-94154 Defendant's dismissal motion was granted inasmuch as claimant failed to serve his claim within the time provided in the court order granting late claim relief and beyond the statute of limitations set forth in CPLR article 2. |
|
July 19, 2019 | 2015-015-172 : MARTINEZ v. STATE OF NEW YORK, # 2015-015-172, Claim No. 133123, Motion No. M-94192 M-94192 |
|
July 19, 2019 | 2019-038-569 : BERRIAN v. NEW YORK STATE DEPARTMENT OF CORRECTIONS & COMMUNITY SUPERVISION, # 2019-038-569, Claim No. 133108, Motion No. M-94105 M-94105 Defendant's pre-answer motion to dismiss claim granted in part and denied in part. That portion of the motion seeking to dismiss the false arrest and imprisonment cause of action as untimely granted. That portion of the motion seeking to dismiss the cause of action for violation of claimant's civil rights under 42 USC § 1983 granted. Motion denied in all other respects inasmuch as it failed to address the remaining causes of action alleged in the claim. |
|
July 19, 2019 | 2019-041-046 : WHITE v. THE STATE OF NEW YORK, # 2019-041-046, Claim No. 132736, Motion Nos. M-93770, M-93902 M-93770, M-93902 Claimant's motion for grant of poor person status and for assignment of counsel without fee is denied where application was not served on appropriate county attorney and where claim is not proper case for assignment of counsel; defendant's motion to dismiss claim is granted where claimant failed to timely serve his claim. |
|
July 18, 2019 | 2019-038-565 : CGI v. THE STATE OF NEW YORK, # 2019-038-565, Claim No. 132590, Motion No. M-93979 M-93979 |
|
July 18, 2019 | 2019-038-567 : LEWIS v. STATE OF NEW YORK, # 2019-038-567, Claim No. 132865, Motion No. M-93952 M-93952 Defendant's pre-answer motion to dismiss wrongful confinement claim granted. Claim was served more than 90 days after its accrual. |
|
July 17, 2019 | 2019-015-168 : THOMAS v. STATE OF NEW YORK, # 2019-015-168, Claim No. 128421, Motion No. M-94152 M-94152 Defendant's motion to dismiss claim alleging an improper sentence computation by the Department of Corrections and Community Supervision was granted on the ground this Court lacks jurisdiction to review administrative determinations such as this. |
|
July 17, 2019 | 2019-054-050 : HALE v. SUPT. BRANDON SMITH GREENE CORR. FAC., # 2019-054-050, Claim No. 133051, Motion No. M-94159 M-94159 Pro se's claim dismissed due to service by regular mail. |
|
July 17, 2019 | 2019-054-052 : ZAPATA v. THE STATE OF NEW YORK, # 2019-054-052, Claim No. 129983, Motion No. M-94101 M-94101 Bailment claim dismissed due to failure to specify missing items in claim. |
|
July 16, 2019 | 2019-018-041 : TEASLEY v. STATE OF NEW YORK, # 2019-018-041, Claim No. NONE, Motion No. M-93455 M-93455 Movant's application to file a late claim is denied. |
|
July 16, 2019 | 2019-041-044 : JENKINS v. THE STATE OF NEW YORK, # 2019-041-044, Claim No. 122953, Motion No. M-94093 M-94093 Claimant's motion for an order compelling discovery is denied where claimant failed to first seek disclosure by notice or stipulation as set forth in CPLR 3102. |
|
July 15, 2019 | 2019-032-043 : WEBB v. THE STATE OF NEW YORK, # 2019-032-043, Claim No. 127630, Motion No. M-93070 M-93070 Defendant's motion for summary judgment is denied. The Court rejects the parties' arguments as to governmental immunity and finds that the actions of SUNY Albany's Office of Residential Life employees were proprietary in nature. Issues of fact remain precluding summary judgment. |
|
July 15, 2019 | 2019-040-058 : STALLONE v. THE STATE OF NEW YORK, # 2019-040-058, Claim No. 120811, Motion No. M-94102 M-94102 Pro se Claimant's discovery motion denied as moot as Defendant responded to a discovery request. |
|
July 15, 2019 | 2019-040-057 : POUGH v. THE STATE OF NEW YORK, # 2019-040-057, Claim No. 130038, Motion No. M-93821 M-93821 Defendant's Motion to dismiss for failure to prosecute denied as Defendant did not comply with CPLR 3126. |
|
July 15, 2019 | 2019-018-040 : CASIANO v. STATE OF NEW YORK, # 2019-018-040, Claim No. 127522, Motion No. M-93703 M-93703 Claim dismissed for failure to serve Attorney General. |
|
July 12, 2019 | 2019-041-042 : MUHAMMAD v. THE STATE OF NEW YORK, # 2019-041-042, Claim No. 128505, Motion No. M-93866 M-93866 Defendant's motion to dismiss automobile accident personal injury claim for failure to state a cause of action and for lack of subject matter jurisdiction is granted where claim fails to allege that claimant suffered a serious injury as defined in the Insurance Law. |
|
July 12, 2019 | 2019-041-043 : WHITE v. THE STATE OF NEW YORK, # 2019-041-043, Claim No. 131048, Motion No. M-93773, Cross-Motion No. CM-93878 M-93773 Claimant's motion to reargue or renew his prior summary judgment motion is denied; defendant's cross-motion to dismiss the claim is granted in part and denied in part as follows: Defendant's request to dismiss the claim's wrongful confinement cause of action as untimely is denied where cause of action is arguably based on negligent, rather than intentional, conduct; the claim's 2-22-16 personal property cause of action was administratively withdrawn by claimant and is dismissed; the claim's 3-19-16 personal property cause of action alleging wrongful confinement is dismissed; defendant's request to dismiss the claimant's three 12-7-17 inmate personal property causes of action is denied where proof is insufficient to show causes of action were either administratively resolved or to show that claimant failed to exhaust his administrative remedies. |
|
July 12, 2019 | 2019-029-047 : FULLER v. THE STATE OF NEW YORK, # 2019-029-047, Claim No. 119476 The claim alleged that two nurses at Upstate University Hospital negligently lifted the deceased after his heart bypass surgery in 2009, causing the wire closing his sternum to break. The claim by the deceased's surviving spouse sought damages for injuries resulting from the nurses' alleged negligence, and not for the patient's death in 2013. After a trial on liability (Midey, J.), the court (Mignano, J.) found the State not liable and dismissed the claim. |
|
July 12, 2019 | 2015-015-167 : CROUCH v. THE STATE OF NEW YORK, # 2015-015-167, Claim No. 129004, Motion No. M-94106 M-94106 Claim alleging the failure to provide treatment was dismissed as untimely since the continuing treatment doctrine did not apply. |
|
July 11, 2019 | 2019-053-012 : YORKE v. STATE OF NEW YORK, # 2019-053-012, Claim No. 126189 Following a trial on the issue of damages, the Court determined that claimant suffered a complete tear of the rotator cuff as a direct result of the 2015 motor vehicle accident and that the treating surgeon's testimony established that claimant sustained a serious injury within the meaning of Insurance Law 5102 (d). The Court awarded claimant $300,000, consisting of $150,000 for past pain and suffering and $150,000 for future pain and suffering. |
|
July 10, 2019 | 2019-040-055 : FUENTES v. STATE OF NEW YORK, # 2019-040-055, Claim No. 130850, Motion No. M-93888 M-93888 Claimant's Motion for Reargument denied. |
|
July 10, 2019 | 2019-040-054 : MELTON v. THE STATE OF NEW YORK, # 2019-040-054, Claim No. 132067, Motion No. M-93725 M-93725 Court OSC vacated. Claim was served upon Defendant. |
|
July 9, 2019 | 2019-041-503 : JONES v. THE STATE OF NEW YORK, # 2019-041-503, Claim No. 123345 Inmate claim alleging assault by multiple correction officers is dismissed after trial where claimant's testimony alleging a coordinated, premeditated, unprovoked, retaliatory, and targeted assault involving a vicious, several-minute session of punching, kicking and stomping lacked credibility in view of claimant's injuries and prior inconsistent descriptions of the assault and in view of credible contradictory testimony and documentary evidence offered by defendant. |
|
July 9, 2019 | 2019-054-049 : CIFUNI v. THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND NEW YORK STATE THRUWAY AUTHORITY, # 2019-054-049, Claim No. 129241, Motion No. M-93830 M-93830 Untimely summary judgment motion denied, no showing of good cause for delay. |
|
July 9, 2019 | 2019-054-051 : HARPER v. THE STATE OF NEW YORK, # 2019-054-051, Claim No. 127419 Bench trial, inmate slip and fall, claimant's testimony alone did not establish defendant's liability for claimant's accident. |
|
July 8, 2019 | 2019-018-038 : LA GRAY v. STATE OF NEW YORK, # 2019-018-038, Claim No. NONE, Motion No. M-93391 M-93391 Late claim application denied. |
|
July 8, 2019 | 2019-045-019 : STEELE v. THE STATE OF NEW YORK, # 2019-045-019, Claim No. 132341, Motion No. M-93328 M-93328 Defendant's motion to dismiss claim due to service by regular mail. |
|
July 8, 2019 | 2019-018-036 : LOWMAN v. STATE OF NEW YORK, # 2019-018-036, Claim No. NONE, Motion No. M-93675 M-93675 Late claim application is granted. |
|
July 8, 2019 | 2019-015-166 : HASSAN v. THE STATE OF NEW YORK, # 2019-015-166, Claim No. NONE, Motion No. M-94040 M-94040 Application to file late claim was denied as neither a proposed claim nor an affidavit containing the essential facts of the claim were submitted in support of the motion. |
|
July 8, 2019 | 2019-015-163 : FOX v. THE STATE OF NEW YORK, # 2019-015-163, Claim No. 126746 Pro se inmate failed to establish at trial that the use of chemical agents to extract him from his cell was excessive or the manner in which he was transported to the mental health unit was negligent. |
|
July 5, 2019 | 2019-015-164 : MITCHELL v. THE STATE OF NEW YORK, # 2019-015-164, Claim No. 125954, Motion No. M-94103 M-94103 Claimant, a pro se inmate in the custody of the Department of Corrections and Community Supervision, failed to establish at trial that the denial of his request for hormone replacement therapy was a deviation from the applicable standard of care. |
|
July 5, 2019 | 2019-015-152 : CAIMITE v. STATE OF NEW YORK, # 2019-015-152, Claim No. 127679, Motion No. M-94025 M-94025 Pro se prisoner's bailment claim was dismissed for failing to exhaust administrative remedies. |
|
July 3, 2019 | 2019-040-053 : PEREZ v. THE STATE OF NEW YORK, # 2019-040-053, Claim No. 131486, Motion No. M-93376 M-93376 Court's OSC re: service. No proof that Claim was served upon Defendant. Claim dismissed. |