New York State Court of Claims

New York State Court of Claims

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Score: 555 September 15, 2020 2020-038-554 : BLOUNT v. THE STATE OF NEW YORK, # 2020-038-554, Claim No. 128074, Motion No. M-95549 M-95549
Claimant's motion to compel disclosure of correction officer's personnel records held in abeyance pending submission of the records for in camera review.
Score: 236 September 11, 2020 2020-038-553 : ANDERSON v. STATE OF NEW YORK, # 2020-038-553, Claim No. 131617, Motion No. M-95521 M-95521
Score: 600 September 10, 2020 2020-038-552 : WINDLEY v. THE STATE OF NEW YORK, # 2020-038-552, Claim No. 131082, Motion No. M-95490 M-95490
Claimant's motion to compel response to interrogatories granted on default. Claimant's request for sanctions denied, as defendant's failure to respond to interrogatories does not constitute frivolous conduct.
Score: 555 September 8, 2020 2020-038-550 : POULOS v. THE STATE OF NEW YORK, # 2020-038-550, Claim No. 134372, Motion No. M-95320 M-95320
Defendant's pre-answer motion to dismiss the claim granted. Claimant failed to comply with the service requirements of Court of Claims Act §11 (a) (i).
Score: 678 September 8, 2020 2020-045-045 : CARLSON v. THE STATE OF NEW YORK, # 2020-045-045, Claim No. 134178, Motion No. M-95587 M-95587
Claimant's late claim motion due to insufficient location in original notice of intention and claim.
Score: 299 September 3, 2020 2020-041-027 : GREEN v. THE STATE OF NEW YORK, # 2020-041-027, Claim No. 132356, Motion No. M-95478 M-95478
Claimant's motion for summary judgment is denied where claimant's conclusory supporting affidavit simply echoes allegations of claim and thus fails to satisfy claimant's initial burden to show entitlement to judgment as a matter of law.
Score: 236 September 3, 2020 2020-041-028 : WALKER v. THE STATE OF NEW YORK, # 2020-041-028, Claim No. 134087, Motion No. M-95696 M-95696
Inmate wrongful confinement claim is dismissed for failure to state a cause of action where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in disciplinary determination which was administratively reversed.
Score: 728 September 3, 2020 2020-053-011 : MATTER v. THE STATE OF NEW YORK, # 2020-053-011, Claim No. 129115 
In a trial on the issue of liability only, the State's motion to dismiss the amended claim at the conclusion of claimant's proof was granted. The Court ruled that the State is not liable for the discretionary acts of its governmental officials.
Score: 518 September 2, 2020 2020-015-073 : MAHMOOD v. THE STATE OF NEW YORK, # 2020-015-073, Claim No. 134432, Motion No. M-95631 M-95631
Claim was dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b).
Score: 236 September 2, 2020 2020-015-072 : RIVERA v. STATE OF NEW YORK, # 2020-015-072, Claim No. 129284, Motion No. M-95751 M-95751
Score: 347 August 31, 2020 2020-041-025 : SANTOS v. THE STATE OF NEW YORK, # 2020-041-025, Claim No. 128706, Motion No. M-95537 M-95537
Claimant's motion for permission to serve and file amended claim is granted where amendment simply amplifies allegations of claim and amendment would not prejudice the defendant.
Score: 420 August 31, 2020 2020-015-071 : HALL v. THE STATE OF NEW YORK, # 2020-015-071, Claim No. NONE, Motion No. M-95560 M-95560
Motion for late claim relief was denied as movant failed to submit sworn facts in support of his motion and the proposed claim was unverified.
Score: 449 August 28, 2020 2020-053-533 : COLE v. THE STATE OF NEW YORK, # 2020-053-533, Claim No. 133678, Motion No. M-95673 M-95673
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted.  Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-532 : MARSHA v. THE STATE OF NEW YORK, # 2020-053-532, Claim No. 133706, Motion No. M-95672 M-95672
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted.  Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 498 August 28, 2020 2020-053-536 : GIBBONS v. THE STATE OF NEW YORK, # 2020-053-536, Claim No. 133516, Motion No. M-95685 M-95685
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Claimants' motion to strike two affirmative defenses is granted as to the State's affirmative defense of culpable conduct and denied as to claimant's alleged failure to utilize a seatbelt. Vehicle driven by claimant was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 475 August 28, 2020 2020-045-044 : KOCUR v. THE STATE OF NEW YORK, # 2020-045-044, Claim No. None, Motion No. M-95572 M-95572
Claimant's late claim motion denied due to failure to submit proposed claim.
Score: 449 August 28, 2020 2020-053-530 : JORDAN v. THE STATE OF NEW YORK, # 2020-053-530, Claim No. 133707, Motion No. M-95683 M-95683
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-531 : McCANN v. THE STATE OF NEW YORK, # 2020-053-531, Claim No. 133695, Motion No. M-95704 M-95704
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 570 August 27, 2020 2020-045-042 : BENYEI v. THE STATE OF NEW YORK, # 2020-045-042, Claim No. None, Motion No. M-94588 M-94588
Claimant's late claim motion. Trip and fall over broken sign post. Town is responsible pursuant to State Highway Law § 140 (18).
Score: 626 August 27, 2020 2020-045-043 : LOCKWOOD v. THE STATE OF NEW YORK, # 2020-045-043, Claim No. None, Motion No. M-95481 M-95481
Claimant's late claim motion in medical malpractice action.
Score: 449 August 26, 2020 2020-058-037 : CASTRO v. STATE OF NEW YORK, # 2020-058-037, Claim No. 125758, Motion No. M-95728 M-95728
Motion in limine prohibiting Claimant from introducing evidence at a liability only trial of Defendant's failure to ensure Claimant was secured by a seatbelt in the DOCCS van granted; alternative request to introduce demonstrative evidence denied as academic.
Score: 149 August 26, 2020 2020-015-070 : PEREZ v. THE STATE OF NEW YORK, # 2020-015-070, Claim No. 134097, Motion No. M-95695 M-95695
Defendant's dismissal motion on the ground of governmental immunity was granted where inmate's punitive confinement resulted from an alleged violation of a drug-testing Directive, which does not constitute a due process violation.
Score: 555 August 24, 2020 2020-053-534 : LOPEZ v. THE STATE OF NEW YORK, # 2020-053-534, Claim No. 129566, Motion No. M-95460 M-95460
The State's motion to dismiss for lack of jurisdiction is granted and the claim and amended claim are dismissed.
Score: 449 August 24, 2020 2020-053-535 : DOE v. THE NEW YORK STATE, # 2020-053-535, Claim No. NONE, Motion No. M-95717 M-95717
By Order to Show Cause, claimant sought permission to prosecute this action using the pseudonym
Score: 585 August 21, 2020 2020-015-068 : MURPHY v. STATE OF NEW YORK, # 2020-015-068, Claim No. 132158, Motion No. M-95661 M-95661
Claim was dismissed for improper service.
Score: 347 August 20, 2020 2020-015-069 : SMYTHE v. STATE OF NEW YORK, # 2020-015-069, Claim No. 133137, Motion No. M-95607 M-95607
Inmate confined to the Special Housing Unit for 55 days without a hearing was awarded summary judgment less the first seven days which were privileged.
Score: 537 August 19, 2020 2020-038-549 : LALL v. THE STATE OF NEW YORK, # 2020-038-549, Claim No. None, Motion No. M-95185 M-95185
Late claim motion denied. Claimant failed to show that the delay in filing the claim was excusable, he had another remedy available, and he failed to provide expert proof to support his medical malpractice and medical negligence claim, which thus lacked the appearance of merit.
Score: 347 August 18, 2020 2020-015-065 : SCOTT v. STATE OF NEW YORK, # 2020-015-065, Claim No. 128858, Motion No. M-95524 M-95524
Claimant's motion to compel discovery was denied in part and granted in part.
Score: 236 August 18, 2020 2020-015-066 : SCOTT v. STATE OF NEW YORK, # 2020-015-066, Claim No. 130622, Motion No. M-95513 M-95513
Claimant's discovery motion was denied as he failed to support his motion with a copy of the discovery demand to which he sought a response.
Score: 149 August 17, 2020 2020-015-067 : SCOTT v. STATE OF NEW YORK, # 2020-015-067, Claim No. 130050, Motion No. M-95525 M-95525
Claimant's motion to compel discovery was denied except to the limited extent of requiring the defendant to inform the claimant of the fee copies of his actual x-rays and to provide the actual x-rays upon payment of the fee.
Score: 388 August 14, 2020 2020-045-501 : POWERS v. THE STATE OF NEW YORK, # 2020-045-501, Claim No. 125652 
Trial decision. Trip and fall at SUNY Farmingdale.
Score: 498 August 13, 2020 2020-041-021 : LAPIERRE v. THE STATE OF NEW YORK, # 2020-041-021, Claim No. 123678, Motion No. M-95522 M-95522
Claimant's application for leave to reargue motion denying appointment of counsel to represent him without payment of a fee in personal injury action is denied where claimant fails to show that the Court overlooked or misapprehended the relevant facts or law in its prior Decision and Order.
Score: 570 August 12, 2020 2020-032-064 : ROSA v. STATE OF NEW YORK, # 2020-032-064, Claim No. NONE, Motion No. M-95372 M-95372
Score: 498 August 12, 2020 2020-015-060 : JONES v. STATE OF NEW YORK, # 2020-015-060, Claim No. 130831 
Following trial, inmate's claim alleging the use of excessive force by correction officers was dismissed.
Score: 518 August 11, 2020 2020-053-008 : TILFORD v. THE STATE OF NEW YORK, # 2020-053-008, Claim No. 130677 
Following a trial on the issue of liability only, the Court determined that claimant established that the deteriorated condition of the sidewalk where he tripped and fell was a dangerous condition, that the State had both actual and constructive notice and that its condition was a substantial factor in causing claimant's injuries. The Court also determined that claimant bears 50% culpability.
Score: 776 August 10, 2020 2020-032-062 : MCCULLOUGH v. STATE OF NEW YORK , # 2020-032-062, Claim No. 134250, Motion Nos. M-95324, M-95400 M-95324, M-95400
Defendant's motion to dismiss is denied. Court of Claims Act § 11 (a) (i) does not require filed claim and claim served upon the Attorney General to be exact copies and claimant's statement of a total sum of damages does not render the claim jurisdictionally defective.
Score: 475 August 7, 2020 2020-041-020 : PABON v. THE STATE OF NEW YORK, # 2020-041-020, Claim No. NONE, Motion No. M-95516 M-95516
Application to file late claim is denied where medical malpractice cause of action is untimely and is unsupported by medical affidavit or probative medical records; negligence cause of action purportedly based on alleged breach of Americans with Disabilities Act requirements lacks appearance of merit because defendant acted within its discretion in providing reasonable accommodations based upon its medical judgment and because claimant failed to submit competent medical proof of alleged medical disability and failed to show that defendant failed to follow any specific medical instructions in its treatment of claimant.
Score: 750 August 6, 2020 2020-041-012 : BRIFFA v. THE STATE OF NEW YORK, # 2020-041-012, Claim No. NONE, Motion No. M-95048 M-95048
Application to file late claim alleging disability-based employment discrimination by defendant against claimant/employee pursuant to Human Rights Law is denied as Court of Claims Act 10 (6) factors weigh against claimant where claimant has a superior alternative remedy in Supreme Court, where requested reinstatement is available and where proposed claim fails to show appearance of merit in that proposed claim fails to allege facts tending to show constructive discharge of claimant who resigned from employment and fails to allege facts tending to show that defendant's actions raised inference of unlawful discrimination.
Score: 498 August 6, 2020 2020-041-017 : WALSH v. THE STATE OF NEW YORK, # 2020-041-017, Claim No. 131993, Motion No. M-95561 M-95561
Claimant's motion to compel discovery of documents and information regarding non-parties and unrelated real property in claim alleging that defendant unreasonably revoked claimant/employee's revocable permit to occupy state-owned real property is granted in part and denied in part.
Score: 537 August 6, 2020 2020-041-013 : BROWN v. THE STATE OF NEW YORK, # 2020-041-013, Claim No. 131769, Motion No. M-95206, Cross-Motion No. CM-95280 M-95206
Claimant's motion for summary judgment in claim alleging assault, medical malpractice and constitutional tort is denied for failure to satisfy initial CPLR 3212 burden as to medical malpractice cause of action; defendant's cross-motion to dismiss assault and constitutional tort causes of action as jurisdictionally defective is granted.
Score: 659 August 6, 2020 2020-041-011 : WEBBER v. THE STATE OF NEW YORK, # 2020-041-011, Claim No. 129220, Motion No. M-95271 M-95271
Court lacks jurisdiction over claim which was served more than ninety days after accrual and timely notice of intention to file claim failed to state the date claim arose, as required by Court of Claims Act 11 (b).
Score: 420 August 6, 2020 2020-041-010 : GOAD v. THE STATE OF NEW YORK, # 2020-041-010, Claim No. 133527, Motion No. M-95216 M-95216
Claimant's application for trial preference based upon the claim being an action against state and for issuance of a subpoena duces tecum to aid disclosure is denied.
Score: 449 August 6, 2020 2020-041-009 : BLACK v. THE STATE OF NEW YORK, # 2020-041-009, Claim No. NONE, Motion No. M-95183 M-95183
Motion to renew application to file late claim is granted based upon new evidence not available at time prior motion was made and claimant is granted permission to file and serve late claim where allegations of proposed claim provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 809 August 6, 2020 2020-029-040 : WHALEY v. THE STATE OF NEW YORK, # 2020-029-040, Claim No. 130729, Motion No. M-95482 M-95482
The pro se claim alleged that physicians employed by New York State were negligent in delaying and failing to remove claimant's sutures from an earlier surgery, causing her to sustain permanent injuries. Claimant testified at the September 19, 2019 video trial on liability, but she did not present expert medical evidence. The court found the State not liable and dismissed the claim. Four months after judgment was entered, claimant obtained legal representation and moved to set aside the court's decision and judgment pursuant to CPLR 4404 (b), or alternatively to relieve claimant of the judgment pursuant to CPLR 5015 (a). The motion was supported by a Physician Assistant's affidavit that claimant argued was newly discovered expert evidence. The court denied the motion on several grounds and found, inter alia , that the Physician Assistant was unqualified to provide an expert medical opinion as to whether claimant's physicians violated the applicable standard of medical care.
Score: 737 August 6, 2020 2020-041-016 : FLOWERS v. THE STATE OF NEW YORK, # 2020-041-016, Claim No. 133921, Motion No. M-95402 M-95402
Defendant's motion to dismiss claim (133921) in lieu of answering is denied where claim served more than eight (8) years after accrual is entitled to benefit of tolling effect of CPLR 205 (a) regarding previously dismissed claim (120304) for lack of subject matter jurisdiction based on failure to comply with pleading requirements of Court of Claims Act 11 (b).
Score: 347 August 5, 2020 2020-058-036 : ROSS FARMS v. STATE OF NEW YORK, # 2020-058-036, Claim No. 119300, Motion No. M-95446 M-95446
Motion for summary judgment granted; State is entitled to qualified immunity on cause of action premised upon the negligent design of a culvert.
Score: 475 August 3, 2020 2020-015-064 : GURVEY v. STATE OF NEW YORK, # 2020-015-064, Claim No. 134439, Motion No. M-95440 M-95440
Defendant's dismissal motion based on the lack of a verified claim and improper service of the claim by regular mail was granted.
Score: 678 August 3, 2020 2020-032-060 : DUDLEY v. STATE OF NEW YORK(3) , # 2020-032-060, Claim No. 133996, Motion No. M-95340 M-95340
Defendant's motion to dismiss the claim is granted. The claim is untimely and the Court lacks jurisdiction over local CSEUs and actions of support magistrate in Brooklyn Family Court.
Score: 637 August 3, 2020 2020-032-059 : COOKE v. NEW YORK STATE OFFICE OF MENTAL HEALTH-NEW YORK CITY FIELD OFFICE, # 2020-032-059, Claim No. 134154, Motion No. M-95341 M-95341
The claim is dismissed for failure to comply with Court of Claims Act § 11 (b).
Score: 626 August 3, 2020 2020-032-057 : FULTON v. STATE OF NEW YORK, # 2020-032-057, Claim No. 133981, Motion No. M-95262, Cross-Motion No. CM-95306 M-95262
Defendant's motion to dismiss the claim is granted. Claim served by regular mail, not certified mail, return receipt requested.