New York State Court of Claims |
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Your query court returned 50 results.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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, |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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). |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |