New York State Court of Claims |
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Your query court returned 50 results.
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May 29, 2019 | 2019-045-505 : GONCALVES v. THE STATE OF NEW YORK, # 2019-045-505, Claim No. 129544 Trial decision. Claimant alleges that she tripped and fell on snow and ice on the boardwalk at Jones Beach State Park. |
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May 22, 2019 | 2019-029-033 : AUGHTRY v. THE STATE OF NEW YORK, # 2019-029-033, Claim No. 123103 After the court (Scuccimarra, J.) adjudicated the State 100% liable for negligence in a Sing Sing bathhouse assault on claimant, the court (Mignano, J.) held the trial on damages and awarded claimant a total of $655,000.00 in damages, comprised of $225,000.00 for past pain and suffering, and $430,000 for future pain and suffering. |
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May 22, 2019 | 2019-029-034 : DELANEY v. THE STATE OF NEW YORK, # 2019-029-034, Claim No. 129720 After a video trial of pro se claim, the court found defendant liable for 88 days of wrongful confinement and awarded claimant damages of $40.00 per day, for a total amount of $3,520.00. Defendant's motion to dismiss the claim, made after claimant rested, was denied as to wrongful confinement and granted as to medical malpractice and constitutional violations. |
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May 16, 2019 | 2019-054-025 : LASSITER v. THE STATE OF NEW YORK, # 2019-054-025, Claim No. 129415 inmate med mal claim requires medical evidence, no jurisdiction over federal claims, correction officer's presence does not violate HIPAA |
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May 15, 2019 | 2019-053-007 : DEYOE v. STATE OF NEW YORK, # 2019-053-007, Claim No. 124703 After a bifurcated trial on the issue of liability, the Court found that claimant failed to establish by a preponderance of the credible evidence that there was either an unusual number of accidents that occurred at the subject intersection subsequent to the removal of a crosswalk or that the failure to reinstall a crosswalk prior to claimant's accident created a hazardous or dangerous condition. Existing record plans did not include a crosswalk at that location and this was an act involving judgment or discretion in planning and design of a highway for which the State is accorded a qualified immunity. |
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May 14, 2019 | 2019-045-504 : PEOPLES v. THE STATE OF NEW YORK, # 2019-045-504, Claim No. 125968 Trial decision. Claimant alleges that he was wrongfully confined to SHU after his release date from SHU. |
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May 14, 2019 | 2019-054-026 : MICHAEL P. v. THE STATE OF NEW YORK, # 2019-054-026, Claim No. 129444 dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action |
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May 14, 2019 | 2019-053-011 : FABELO v. THE STATE OF NEW YORK, # 2019-053-011, Claim No. 126649 In a trial by a pro se claimant asserting claims of negligence and inadequate medical care during his incarceration, the State moved to dismiss the claim for failing to timely file and serve his claim and for failing to call an expert witness. The Court determined that the claim asserted a cause of action for medical malpractice and that the claim was timely. However, claimant's failure to present expert testimony at trial results in the dismissal of his claim. |
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May 13, 2019 | 2019-054-027 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-054-027, Claim No. 129614 claim dismissed pursuant to 22 NYCRR § 206.15 for claimant's failure to appear for the scheduled trial |
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May 10, 2019 | 2019-044-007 : CAMPBELL v. THE STATE OF NEW YORK, # 2019-044-007, Claim No. 129258 After trial, Court dismissed former inmate's claim for negligent supervision resulting in inmate-on-inmate attack. |
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May 10, 2019 | 2019-015-144 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-015-144, Claim No. 125715 Claim was dismissed for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act § 19. |
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May 10, 2019 | 2019-015-145 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-015-145, Claim No. 128267 The claim was dismissed for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act § 19. |
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May 8, 2019 | 2019-038-541 : CGI v. THE STATE OF NEW YORK, # 2019-038-541, Claim No. 132590, Motion No. M-93541 M-93541 In claim seeking money damages for the State's alleged breach of a contract relating to the development and implementation of software, claimant's motion for preliminary injunctive relief denied. Claimant sought to enjoin defendant from continuing use and alleged sharing of intellectual property, equitable relief that relates to claimant's request for declaratory judgment, over which Supreme Court has exclusive jurisdiction. |
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May 3, 2019 | 2019-015-140 : FLEMING v. THE STATE OF NEW YORK, # 2019-015-140, Claim No. 131004, Motion No. M-93784 M-93784 Defendant's motion to dismiss claim alleging his prison cell was searched in violation of the fourth amendment to the Federal Constitution was granted because the Court of Claims lacks jurisdiction over such claims. In addition, a constitutional tort claim was not the sole avenue of redress. As for the alleged loss of claimant's personal property, he failed to exhaust his administrative remedies as required by Court of Claims Act § 10 (9). Failure to exhaust such remedies, while generally an affirmative defense, was not waived here since the requirement of exhaustion is a condition of the State's waiver of immunity under Court of Claims Act § 8. |
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May 3, 2019 | 2019-038-539 : HALL v. NEW YORK STATE, # 2019-038-539, Claim No. 130612, Motion Nos. M-93232, M-93233, M-93301 M-93232, M-93233, M-93301 Defendant's motion to dismiss claim for lack of verification held in abeyance pending resolution of whether claimant served a claim along with a verification that was served after defendant rejected the unverified claim. |
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May 2, 2019 | 2019-015-139 : SOTO v. THE STATE OF NEW YORK, # 2019-015-139, Claim No. 127876, Motion No. M-93741 M-93741 Motion for the assignment of counsel was denied. |
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May 2, 2019 | 2019-015-136 : FOX v. THE STATE OF NEW YORK, # 2019-015-136, Claim No. 129296, Motion No. M-93668 M-93668 Pro se inmate's motion for the issuance of a trial subpoena was denied as the claim is not scheduled for trial. |
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May 2, 2019 | 2019-049-015 : REYES-NUNEZ v. THE STATE OF NEW YORK, CITY UNIVERSITY OF NEW YORK and THE CITY COLLEGE OF NEW YORK, # 2019-049-015, Claim No. 129793 |
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May 1, 2019 | 2019-038-537 : MYRICK v. STATE OF NEW YORK, # 2019-038-537, Claim No. 123763, Motion No. M-93582 M-93582 Defendant's motion to dismiss claim for lack of verification granted. |
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May 1, 2019 | 2019-032-028 : VERSACE v. THE STATE OF NEW YORK, # 2019-032-028, Claim No. 130424, Motion No. M-93359 M-93359 Claimant's motion for summary judgment is denied. |
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May 1, 2019 | 2019-044-005 : MEASE v. THE STATE OF NEW YORK, # 2019-044-005, Claim No. 123920 After trial, Court found defendant 95% liable for former inmate's claim for injuries received when tailgate of truck fell off while he was opening it, and defendant had prior knowledge of dangerous condition and multiple opportunities to remedy the condition. |
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May 1, 2019 | 2019-038-536 : NELSON v. STATE OF NEW YORK, # 2019-038-536, Claim No. 123539, Motion No. M-93575 M-93575 Defendant's motion to dismiss for lack of jurisdiction granted. Claim timely served but was filed more than 90 days after accrual. Request for late claim relief denied as beyond the statute of limitations. |
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April 30, 2019 | 2019-029-027 : MCMAHON v. THE STATE OF NEW YORK, # 2019-029-027, Claim No. 124194 After a trial on damages for claimant's injuries from a prison van moving before she was aboard, defendant's motion under CPLR 4401, made at the close of claimant's case and reserved on by the court, was granted and the claim was dismissed. The court found that claimant failed to establish she suffered a serious injury as defined by Insurance Law § 5102 (d) and was not entitled to an award of damages under the No-Fault Law ( see Insurance Law § 5104 [a]). |
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April 30, 2019 | 2019-041-022 : MCFADDEN v. THE STATE OF NEW YORK, # 2019-041-022, Claim No. 113641, Motion No. M-93558 M-93558 Claimant's motion to set aside court's decision in nonjury trial is denied. |
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April 30, 2019 | 2019-015-137 : SUBURBAN v. STATE OF NEW YORK, # 2019-015-137, Claim No. 132418, Motion No. M-93546 M-93546 Defendant's pre-answer dismissal motion was granted as this contract claim was untimely. |
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April 26, 2019 | 2019-015-138 : ANAND v. STATE OF NEW YORK, # 2019-015-138 , Claim No. 129898, 129899, Motion No. M-93704 M-93704 Claimant's motion to reargue was denied. |
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April 25, 2019 | 2019-044-006 : HELD v. THE STATE OF NEW YORK, # 2019-044-006, Claim No. 125845 After trial, former inmate's claim for injuries allegedly incurred when he slipped in prison laundry room is dismissed. |
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April 25, 2019 | 2019-015-135 : NASH v. STATE OF NEW YORK, # 2019-015-135, Claim No. 129666, Motion No. M-93656 M-93656 Claimant's motion to compel discovery was denied s defendant provided adequate responses and a motion to compel a response to a notice to admit is inappropriate. |
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April 24, 2019 | 2019-015-134 : YOUNG v. THE STATE OF NEW YORK, # 2019-015-134, Claim No. 126361, Motion No. M-93677 M-93677 Pro se inmate's claim alleging the loss of certain personal property was dismissed for improper service and, with respect to the second and third claims that were properly served, untimely service. Defendant's answer to the same claim served multiple times was treated as an amended answer served without leave but it was not a nullity because claimant failed to reject it or otherwise establish prejudice. |
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April 22, 2019 | 2019-040-037 : OLDHAM v. STATE OF NEW YORK, # 2019-040-037, Claim No. 125034, Motion No. M-93638 M-93638 Pro se Claimant's Motion for Trial Preference denied as moot as Trial scheduled for August 14, 2019. |
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April 22, 2019 | 2019-038-534 : COLEMAN v. THE STATE OF NEW YORK, # 2019-038-534, Claim No. 131889, Motion No. M-93456 M-93456 Claimant's motion to compel production of documents denied as moot, when defendant responded to demand in response to claimant's motion. To the extent claimant seeks sanctions, claimant has not demonstrated that the seemingly de minimis delay in production of documents was because defendant sought to delay or prolong resolution of the litigation ( see 22 NYCRR 130-1.1 [a]; [c] [2]). |
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April 19, 2019 | 2019-015-132 : ANKH AMON v. THE STATE OF NEW YORK, # 2019-015-132, Claim No. 132654, Motion No. M-93606 M-93606 Claim seeking damages for violations of the State Constitution, Correction Law § 610, and the Religious Land Use and Institutional Persons Act of 2000 (RLUIPA) was dismissed for failure to state a cause of action and lack of subject matter jurisdiction. The claim failed to state a cause of action for a constitutional tort as alternative remedies were available, and this Court lacks jurisdiction over claims under both Correction Law § 610 and RLUIPA. With respect to RLUIPA, Congress may not subject the State to suit under RLUIPA through article I legislation nor did the State waive its immunity to suit under RLUIPA by virtue of § 8 of the Court of Claims Act. |
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April 19, 2019 | 2019-032-027 : TAORMINA v. THE STATE OF NEW YORK, # 2019-032-027, Claim No. 129424, Motion No. M-92737 M-92737 Defendant's motion to compel is granted in part and denied in part. |
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April 19, 2019 | 2019-032-026 : PILLA v. THE CITY COLLEGE OF NEW YORK, CITY UNIVERSITY OF NEW YORK; and STATE UNIVERSITY OF NEW YORK, # 2019-032-026, Claim No. 130280, Motion No. M-92588, Cross-Motion No. CM-92838 M-92588 Defendant's cross motion to dismiss the claim is granted for claimant's failure to timely serve a notice of intention to file a claim. |
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April 19, 2019 | 2019-038-533 : GAJADHAR v. THE STATE OF NEW YORK , # 2019-038-533, Claim No. 121461, Motion No. M-93156 M-93156 Claimant's motion to compel discovery denied as premature due to lack of demonstration that discovery demand that was the subject of the motion was previously served upon defendant. Discovery demand deemed served, and defendant directed to respond thereto in accordance with applicable rules and procedures. |
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April 17, 2019 | 2019-015-133 : ANDERSON v. THE STATE OF NEW YORK, # 2019-015-133, Claim No. 128944, Motion No. M-93613 M-93613 Claimant's motion for discovery sanctions was denied. |
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April 17, 2019 | 2019-044-519 : DANIELS v. THE STATE OF NEW YORK, # 2019-044-519, Claim No. 131978, Motion No. M-93557 M-93557 Inmate claimant's motion for summary judgment in bailment claim denied without prejudice. |
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April 17, 2019 | 2019-041-019 : COOPER v. THE STATE OF NEW YORK, # 2019-041-019, Claim No. 131452, Motion No. M-93147, Cross-Motion No. CM-93423 M-93147 Defendant's motion to dismiss the claim pursuant to CPLR 215 (3) and Court of Claims Act 10 (3-b) as time-barred, and pursuant to Court of Claims Act 11 (b) as jurisdictionally defective for failure to adequately state the nature of the claim, is denied where claim was served within time periods set forth in Court of Claims Act 10 (2) and 10 (3) and adequately states causes of action for wrongful death and negligence; claimant's cross-motion to serve and file an amended claim is granted. |
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April 17, 2019 | 2019-041-017 : APONTE v. THE STATE OF NEW YORK, # 2019-041-017, Claim No. 131396, Motion No. M-93600 M-93600 Motion to dismiss claim in lieu of answer is granted where claimant's cause of action for intentional refusal to provide medical treatment and cause of action alleging that correction officers assaulted claimant were not served within time periods set forth in CPLR 215 and Court of Claims Act 10 (3-b). |
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April 17, 2019 | 2019-040-029 : CAMPO v. THE STATE OF NEW YORK, # 2019-040-029, Claim No. 126075, Motion No. M-93266 M-93266 Pro se Claimant's Motion to strike State's Answer and for summary judgment denied. |
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April 17, 2019 | 2019-040-030 : SHATTUCK v. THE STATE OF NEW YORK, # 2019-040-030, Claim No. 132050, Motion No. M-93344 M-93344 Pro se Claimant's Motion to compel discovery responses denied. |
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April 16, 2019 | 2019-018-026 : JACKSON v. STATE OF NEW YORK, # 2019-018-026, Claim No. 124312 Claimant, in seeking damages for wrongful confinement, failed to establish that the Tier III Hearing failed to comply with governing rules and regulations. The State's action in confining Claimant in the SHU was privileged. |
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April 15, 2019 | 2019-038-526 : DINERMAN v. NY LOTTERY, # 2019-038-526, Claim No. 131128, Motion No. M-93348 M-93348 Defendant's motion to dismissed granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |
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April 15, 2019 | 2019-018-024 : STEWART v. STATE OF NEW YORK, # 2019-018-024, Claim No. 131103 Court dismisses claim finding Claimant did not establish that the State was negligent in conducting a contraband watch, the actions of correction officers were discretionary, and Claimant did not prove he suffered any injury. |
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April 15, 2019 | 2019-032-502 : MORAWSKI v. THE STATE OF NEW YORK, # 2019-032-502, Claim No. 123752 Following a unified trial assessing both liability and damages, the Court awarded claimant $30,000 for defendant's negligence in filling claimant's prescription with the incorrect medication and failure to properly treat the symptoms that resulted from such negligence. |
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April 15, 2019 | 2019-038-528 : DINERMAN v. NY LOTTERY, # 2019-038-528 , Claim No. 131130, Motion No. M-93350 M-93350 Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |
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April 15, 2019 | 2019-038-527 : DINERMAN v. NY LOTTERY, # 2019-038-527, Claim No. 131129, Motion No. M-93349 M-93349 Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |
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April 15, 2019 | 2019-038-531 : WISDOM v. THE STATE OF NEW YORK, # 2019-038-531, Claim No. 127060, Motion No. M-93449 M-93449 Defendant's motion to dismiss the claim granted. Notice of intention was served more than 90 days after accrual, and thus the subsequently filed and served claim was jurisdictionally defective due to untimeliness. The lack of timeliness could not be cured by an amended claim, nor can a jurisdictional defect be excused. |
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April 15, 2019 | 2019-038-530 : DINERMAN v. NY LOTTERY, # 2019-038-530, Claim No. 131798, Motion No. M-93352 M-93352 Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |
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April 15, 2019 | 2019-038-525 : DINERMAN v. NY LOTTERY, # 2019-038-525, Claim No. 131126, Motion No. M-93347 M-93347 Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |