New York State Court of Claims |
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Your query court returned 50 results.
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March 26, 2019 | 2019-041-501 : THOMPSON v. THE STATE OF NEW YORK, # 2019-041-501, Claim No. 122788 Claim alleging that correction officers used excessive force on claimant during cell search is dismissed after trial where claimant's testimony alleging a series of severe beatings by the officers was belied by contemporaneous medical records and photographs of claimant and the credible testimony of defendant's trial witnesses demonstrated that the use of force upon claimant was authorized and appropriate under the circumstances. |
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March 25, 2019 | 2019-015-128 : VASQUEZ v. STATE OF NEW YORK, # 2019-015-128, Claim No. 126598-A, Motion No. M-93539 M-93539 Defendant's dismissal motion was granted for lack of service of the claim. |
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March 22, 2019 | 2019-015-130 : BOYD v. THE STATE OF NEW YORK, # 2019-015-130, Claim No. 125323, Motion No. M-93542 M-93542 Defendant's dismissal motion was granted for lack of service of the claim. |
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March 22, 2019 | 2019-015-129 : SOTO v. STATE OF NEW YORK, # 2019-015-129, Claim No. 126248, Motion No. M-93538 M-93538 Defendant's dismissal motion was granted for lack of service of the claim. |
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March 13, 2019 | 2019-041-012 : LASHER v. THE STATE OF NEW YORK, # 2019-041-012, Claim No. NONE, Motion No. M-93404 M-93404 Application to file late claim is granted where claim alleging that defendant failed to adequately maintain state highway has appearance of merit and defendant had notice of circumstances underlying claimant's accident and injuries. |
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March 7, 2019 | 2019-032-008 : DAVIS v. THE STATE OF NEW YORK, # 2019-032-008, Claim No. 131414, Motion No. M-92828 M-92828 The claim is dismissed as jurisdictionally defective for claimant's failure to both file and serve the claim within 90 days of the accrual of the claim. |
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March 5, 2019 | 2019-032-006 : ORTIZ v. THE STATE OF NEW YORK, # 2019-032-006, Claim No. 126710, Motion No. M-91420 M-91420 Defendant's motion for summary judgment is granted. Defendant made a prima facie showing that it did not create the dangerous condition and that it did not have actual or constructive notice of the dangerous condition and claimant failed to respond to the motion for summary judgment. |
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March 4, 2019 | 2019-038-509 : SEGAR v. THE STATE OF NEW YORK, # 2019-038-509, Claim No. 132229, Motion No. M-93252 M-93252 Defendant's motion to dismiss for lack of jurisdiction granted. Claim filed and served 93 days after date of accrual. |
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March 4, 2019 | 2019-040-022 : ROGERS v. THE STATE OF NEW YORK, # 2019-040-022, Claim No. NONE, Motion No. M-93219 M-93219 Motion to serve and file a Claim late pursuant to CCA § 10(6) denied as moot. |
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March 4, 2019 | 2019-038-508 : ANDERSON v. STATE OF NEW YORK, # 2019-038-508, Claim No. 130874, Motion No. M-93259 M-93259 Claimant's motion for assignment of counsel denied because it was not served upon the County Attorney. Moreover, defendant's denial of claimant's request a funeral visit does not demonstrate that he is facing a future loss of liberty or grievous forfeiture, and does not warrant the representation of counsel at public expense. |
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February 28, 2019 | 2019-045-502 : BOYLAND v. THE STATE OF NEW YORK, # 2019-045-502, Claim No. 125162 Trial decision. Claim of excessive force during an arrest. |
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February 27, 2019 | 2019-032-004 : CENGIZ v. THE STATE OF NEW YORK, # 2019-032-004, Claim No. None, Motion No. M-92771 M-92771 Movant's motion for permission to file and serve a late claim is denied. |
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February 27, 2019 | 2019-054-011 : RIVERA v. THE STATE OF NEW YORK, # 2019-054-011, Claim No. 127908, Motion No. M-93474 M-93474 Motion to dismiss granted, inmate property claim, administrative remedies not exhausted, Court of Claims Act § 10 (9) |
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February 26, 2019 | 2019-032-003 : JACKSON v. THE STATE OF NEW YORK, # 2019-032-003, Claim No. 131595, Motion Nos. M-92616, M-92891 M-92616, M-92891 The claim is dismissed. Claimant is barred by the doctrine of res judicata from relitigating claims arising out of the same conduct that was the basis of a federal complaint that was dismissed on the merits, with prejudice. |
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February 25, 2019 | 2019-015-115 : McMILLAN v. THE STATE OF NEW YORK, # 2019-015-115, Claim No. 124951 Pro se inmate's claim alleging damages for wrongful confinement as the result of a prison disciplinary hearing was dismissed following trial. Although claimant established a violation of one of the fundamental due process safeguards, thereby divesting the State of its claim to immunity, claimant failed to establish a prima facie case of wrongful confinement because he failed to demonstrate that the outcome of the hearing would have been different had no due process violation occurred. Claimant therefore failed to establish that the confinement was not privileged. |
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February 25, 2019 | 2019-018-011 : BROWNELL v. STATE OF NEW YORK, # 2019-018-011, Claim No. 128843, Motion No. M-93239 M-93239 Defendant failed to make a prima facie showing that the defects were trivial as a matter of law in its summary judgment motion. |
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February 22, 2019 | 2019-015-118 : ROBERTS v. STATE OF NEW YORK, # 2019-015-118, Claim No. 124575 Damages were awarded following trial for pro se inmate's claim alleging damages for the loss of certain personal property. |
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February 20, 2019 | 2010-015-114 : MALDONADO v. THE STATE OF NEW YORK, # 2010-015-114, Claim No. 132269, Motion No. M-93238 M-93238 Defendant moved to dismiss the claim on the grounds it fails to meet the pleading requirements of Court of Claims Act § 11 (b), failed to state a cause of action, and was improperly served by regular mail. The motion was denied as the claim sufficiently alleged all of the particulars required by Court of Claims Act § 11 (b) and stated a cause of action for negligent supervision. In addition, defendant failed to demonstrate the claim was served by regular mail. |
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February 19, 2019 | 2019-05-116 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-05-116, Claim No. 126159 Pro se inmate failed to establish a bailment at trial as no proof was presented that claimant owned or possessed the items of personalty he claimed were lost or that they were delivered to the possession of the defendant but not returned. |
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February 19, 2019 | 2019-015-122 : MURRAY v. THE STATE OF NEW YORK, # 2019-015-122, Claim No. 132392, Motion No. M-93368 M-93368 Claimant's motion for poor person status and the assignment of counsel was denied. |
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February 19, 2019 | 2019-040-021 : CORNERSTONE HERKIMER v. THE STATE OF NEW YORK, # 2019-040-021, Claim No. 131727, Motion No. M-93253 M-93253 State's Pre-Answer Motion to Dismiss on the basis that the Claim was not served upon the Attorney General, as required by the CCA, granted. Claim dismissed. |
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February 19, 2019 | 2019-054-010 : BAZIL v. THE STATE OF NEW YORK, # 2019-054-010, Claim No. 123873 Assault by correction officer. Court found claimant was the victim of excessive force by more than one correction officer. |
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February 19, 2019 | 2019-050-010 : BRENNER v. THE STATE OF NEW YORK, # 2019-050-010, Claim No. 127517, Motion No. M-93281 M-93281 Defendant's motion to dismiss the claim pursuant to CCA sections 10 and 11 is granted. |
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February 15, 2019 | 2019-040-018 : HAYGOOD v. THE STATE OF NEW YORK, # 2019-040-018, Claim No. 128058, Motion No. M-93120 M-93120 State's Motion to Dismiss Claim on grounds that Claimant failed to prosecute the action granted. |
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February 15, 2019 | 2019-040-020 : FISHER v. STATE OF NEW YORK, # 2019-040-020, Claim No. 129917, Motion No. M-93189 M-93189 State's Motion to Dismiss based upon Claimant's failure to prosecute granted. |
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February 15, 2019 | 2019-040-019 : FORD v. THE STATE OF NEW YORK, # 2019-040-019, Claim No. 127469, Motion No. M-93122 M-93122 State's Motion to Dismiss the Claim based upon Claimant's failure to prosecute granted. |
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February 14, 2019 | 2019-040-016 : CANNON v. STATE OF NEW YORK, # 2019-040-016, Claim No. NONE, Motion No. M-93052 M-93052 Movant's application to serve and file a Claim late pursuant to CCA § 10(6) denied. |
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February 14, 2019 | 2019-015-121 : RAMIREZ v. THE STATE OF NEW YORK, # 2019-015-121, Claim No. 131969, Motion No. M-93287 M-93287 Claimant, an inmate proceeding pro se, moved for summary judgment on his cause of action for wrongful confinement arising from a prison disciplinary hearing determination. Although claimant established a violation of one of the due process safeguards set forth in the applicable regulations, he failed to establish that the outcome of the hearing would have been different if the due process error had not occurred. As a result, claimant failed to demonstrate that the confinement was not otherwise privileged. |
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February 14, 2019 | 2019-015-120 : GOURDINE v. STATE OF NEW YORK, # 2019-015-120, Claim No. 132395, Motion Nos. M-93314, M-93365 M-93314, M-93365 Pro se inmate claim alleging damages for wrongful confinement following a prison disciplinary hearing was dismissed for lack of subject matter jurisdiction where he neither alleged in the claim nor in support of his separate motion for summary judgment that the Hearing Officer's determination of guilt had been reversed. |
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February 14, 2019 | 2019-040-017 : STENOSKI v. NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, # 2019-040-017, Claim No. 126207 Court finds that Claimant failed to establish by a preponderance of the credible evidence that Defendant was negligent with respect to his snowboarding accident. |
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February 14, 2019 | 2019-015-119 : FRANCE v. THE STATE OF NEW YORK, # 2019-015-119, Claim No. 124991 Claim alleging medical malpractice/ medical negligence was dismissed following trial as claimant failed to present expert medical proof of a deviation from the applicable standard of care or that claimant's injury was proximately caused by such a deviation. |
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February 13, 2019 | 2019-040-014 : LEE v. THE STATE OF NEW YORK, # 2019-040-014, Claim No. 114036, Motion No. M-93251 M-93251 State's Motion to Dismiss on basis the Claim was improperly served upon Defendant by regular mail, and not by certified mail, return receipt requested or personal service as required by CCA § 11(a)(i), granted. |
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February 13, 2019 | 2019-040-015 : MUTTON v. THE STATE OF NEW YORK, # 2019-040-015, Claim No. 132066, Motion No. M-93080 M-93080 State's Motion to Dismiss on basis Claim fails to meet specificity requirements of CCA § 11(b) granted. |
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February 13, 2019 | 2019-054-009 : AMAKER v. THE STATE OF NEW YORK, # 2019-054-009, Claim No. 125333 Bailment claim, claimant awarded $40.00. |
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February 13, 2019 | 2019-040-013 : SCOTT v. THE STATE OF NEW YORK, # 2019-040-013, Claim No. 131638, Motion No. M-93099 M-93099 Court OSC re: service. Defendant established Claim was not served upon Defendant as required by CCA. Claim dismissed. |
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February 11, 2019 | 2019-054-008 : MC LOUGHLIN v. THE STATE OF NEW YORK, # 2019-054-008, Claim No. NONE, Motion No. M-93012 M-93012 Late claim application denied, proposed claim fails to state a cause of action, claimant's remedy should be Workers' Compensation. |
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February 11, 2019 | 2019-051-019 : JOHNSON v. STATE OF NEW YORK, # 2019-051-019, Claim No. 124717, 124779, 124815, 125062, 128474, Motion No. M-93096, Cross-Motion No. CM-93185 M-93096 Defendant's motion to dismiss and, in the alternative, for summary judgment sought to dismiss serial pro se litigant's five claims is granted and pro se claimant's cross motion to dismiss defenses is denied as moot. |
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February 8, 2019 | 2019-015-110 : NOVA v. THE STATE OF NEW YORK, # 2019-015-110, Claim No. 130455, Motion No. M-93094, Cross-Motion No. CM-93155 M-93094 Pro se inmate's motion and defendant's cross motion to renew this court's prior Order compelling defendant to respond to interrogatories were denied, and defendant was directed to properly respond to clamant's previously served interrogatories under oath. |
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February 8, 2019 | 2019-054-007 : BARNES v. THE STATE OF NEW YORK, # 2019-054-007, Claim No. 131323, Motion No. M-93257 M-93257 Claimant's motion to compel discovery. |
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February 8, 2019 | 2019-053-001 : LINEN v. STATE OF NEW YORK, # 2019-053-001, Claim No. 127810 Following a bifurcated trial on the issue of liability, the Court dismissed a claim of negligence against the State resulting from a slip and fall accident. The Court ruled that claimant failed to establish by a preponderance of the evidence that a dangerous condition existed on the hospital floor where she fell. |
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February 8, 2019 | 2019-053-508 : MAGNO v. ASPIRE of WNY, THE STATE OF NEW YORK, WE CARE TRANSPORTATION, # 2019-053-508, Claim No. 131696, Motion No. M-92724 M-92724 Defendant Aspire of Western New York Inc.'s motion to dismiss for lack of subject matter jurisdiction is granted and the Court also dismisses sua sponte the claim as against all other named defendants with the exception of the State of New York. |
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February 8, 2019 | 2019-015-107 : ORTIZ v. THE STATE OF NEW YORK, # 2019-015-107, Claim No. 127921 Claim alleging inmate sustained frostbite while working on the lawns and grounds crew was dismissed following trial as claimant failed to demonstrate, by a preponderance of the credible evidence, that defendant's negligence proximately caused his injuries. |
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February 8, 2019 | 2019-015-112 : REDD v. THE STATE OF NEW YORK, # 2019-015-112, Claim No. 121095, Motion No. M-93124 M-93124 Pro se inmate's motion to reargue the dismissal of his bailment claim was denied as he failed to establish that his lost legal documents had any value. |
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February 8, 2019 | 2019-015-113 : FIGUEROA v. THE STATE OF NEW YORK, # 2019-015-113, Claim No. 130570, 131958, Motion Nos. M-93151, M-93152 M-93151, M-93152 Claimant's motions for the assignment of counsel were denied. |
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February 7, 2019 | 2019-054-005 : ORMSBY v. NEW YORK STATE DEPARTMENT CORRECTION SUPERVISION, # 2019-054-005, Claim No. NONE, Motion No. M-93272 M-93272 Late claim application denied, motion papers and proposed claim not served on defendant. |
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February 7, 2019 | 2019-054-006 : SINGH v. THE STATE OF NEW YORK, # 2019-054-006, Claim No. 122986 At trial, claim dismissed for failure to prosecute, claimant failed to appear for trial. |
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February 7, 2019 | 2019-054-004 : J.D. v. THE STATE OF NEW YORK, # 2019-054-004, Claim No. NONE, Motion No. M-92980 M-92980 Late claim application granted. Claimant found to have been sexually abused while in SHU, negligent supervision of it's correction officers, State had notice and an opportunity to investigate the claims of sexual abuse while in SHU. |
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February 1, 2019 | 2019-015-111 : SCOTT v. STATE OF NEW YORK, # 2019-015-111, Claim No. 130117, Motion No. M-93183 M-93183 Claimant's motion to dismiss defendant's affirmative defenses was denied. |
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January 31, 2019 | 2019-051-502 : TAFARI v. STATE OF NEW YORK, # 2019-051-502, Claim No. 118751 |
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January 31, 2019 | 2019-038-103 : WHEDON v. THE STATE OF NEW YORK, # 2019-038-103, Claim No. 126971 Defendant found liable to claimant for injuries sustained when he was using a table saw while assigned to work in the correctional facility workshop. Defendant breached its duty to properly train the inmate/claimant in how to safely use the saw. Claimant was not reckless and thus his own conduct was not the sole proximate cause of his accident, but because he failed to exercise due care, his conduct was a proximate cause. Liability apportioned 50/50. |