New York State Court of Claims

New York State Court of Claims

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Score: 475 April 30, 2018 2018-029-048 : MASON v. THE STATE OF NEW YORK, # 2018-029-048, Claim No. 128044 
The pro se claim by an inmate alleged injuries resulting from an assault by correction officers. After a video trial, the court found defendant's version of competing stories more credible, adjudged defendant not liable, and dismissed the claim.
Score: 449 April 27, 2018 2018-040-038 : KRUPA v. THE STATE OF NEW YORK, # 2018-040-038, Claim No. 127262 
Claim dismissed as Claimant failed to appear for trial.
Score: 570 April 27, 2018 2018-029-047 : TAYLOR v. THE STATE OF NEW YORK, # 2018-029-047, Claim No. 126676 
Pro se claimant inmate who fell down the steps at Coxsackie Correctional Facility and sustained injuries, sought damages from the state for failing to provide him a flat pass and for assigning him to a third floor cell. Claimant had previously undergone a hip replacement and experienced pain in his back and knee. After a video trial, the court found defendant not liable and dismissed the claim, reasoning that cell assignments are discretionary, and to the extent there was medical judgment involved, claimant failed to present expert testimony.
Score: 347 April 25, 2018 2018-032-009 : AYUSO v. STATE OF NEW YORK, # 2018-032-009, Claim No. 123078 
Following a trial, defendant moved to dismiss claimant's wrongful confinement claim on the ground that claimant's pre-hearing SHU confinement was privileged. Finding that claimant's pre-hearing SHU confinement was privileged pursuant to 7 NYCRR 251-5.1 (a), the Court grants defendant's motion and dismisses the claim.
Score: 585 April 24, 2018 2018-038-542 : SIMPSON v. THE STATE OF NEW YORK; (DEPARTMENT OF CORRECTIONAL, COMMUNITY AND SUPERVISION SERVICES), # 2018-038-542, Claim No. 130193, Motion Nos. M-91154, M-91596 M-91154, M-91596
Defendant's motion to dismiss untimely claim for wrongful confinement granted. Defendant demonstrated prima facie that the Attorney General was not served with a notice of intention, which claimant did not successfully rebut. Thus, claimant's time within which to serve the claim was not extended, and its service beyond 90 days of accrual was untimely.
Score: 518 April 24, 2018 2018-038-107 : SCHLEEDE v. THE STATE OF NEW YORK, # 2018-038-107, Claim No. 121526 
Claim for injuries from a bicycle accident on a State highway dismissed after trial. Claimant did not prove that defendant's construction of roadway seams was negligent, or that this accident was caused by a dangerous condition in the roadway.
Score: 475 April 24, 2018 2018-015-123 : STARKS v. STATE OF NEW YORK, # 2018-015-123, Claim No. 124231, Motion No. M-91960 M-91960
Claim was dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b).
Score: 518 April 24, 2018 2018-015-115 : JUDWARE v. THE STATE OF NEW YORK, # 2018-015-115, Claim No. 124362, Motion No. M-91814 M-91814
Claim was dismissed for improper service by ordinary mail rather than one of the methods prescribed by Court of Claims Act § 11 (a) (i).
Score: 299 April 24, 2018 2018-015-120 : DAVIS v. THE STATE OF NEW YORK, # 2018-015-120, Claim No. 123410, Motion No. M-91833 M-91833
Bailment claim was dismissed for failure to exhaust administrative remedies.
Score: 498 April 24, 2018 2018-015-121 : JOHNSON v. THE STATE OF NEW YORK, # 2018-015-121, Claim No. 117448, Motion No. M-91930 M-91930
Claim was dismissed for lack of service.
Score: 600 April 19, 2018 2018-029-039 : ESTRADA v. THE STATE OF NEW YORK, # 2018-029-039, Claim No. NONE, Motion No. M-91619 M-91619
Claimant motorist injured in accident on Route 6 sought leave to file a late claim. The court denied the motion based on claimant's failure to show the more than two year delay was excusable, that defendant had notice and would not be substantially prejudiced, and that the proposed claim had the appearance of merit.
Score: 637 April 17, 2018 2018-053-519 : ME & MORGAN, LLC v. THE STATE OF NEW YORK, # 2018-053-519, Claim No. 121521, Motion No. M-91567 M-91567
Claimant moved for additional time within which to file rebuttal appraisal reports in this claim for damages arising out of the appropriation of a temporary easement over commercial property.  The parties had previously agreed and the Court had so ordered that rebuttal reports were to be filed on or before May 18, 2016.  By the time claimant made this motion, this deadline had long expired and claimant did not demonstrate unusual and substantial circumstances. As such, claimant's motion for an extension of time to file rebuttal reports is denied.
Score: 420 April 17, 2018 2018-038-540 : PORTER v. STATE OF NEW YORK, # 2018-038-540, Claim No. 123337, Motion No. M-90807 M-90807
Defendant's motion for summary judgment granted, and claim for malicious prosecution dismissed. Defendant conceded the commencement of a criminal prosecution, and did not demonstrate that the termination of the criminal proceeding was not final. However, defendant demonstrated that there was probable cause to arrest claimant, thus defeating the third and fourth elements of the cause of action, and claimant did not raise a triable issue of material fact regarding the existence of probable cause.
Score: 626 April 12, 2018 2018-045-015 : DIFIORE v. THE STATE OF NEW YORK, # 2018-045-015, Claim No. None, Motion No. M-91554 M-91554
Motion to file a late claim, medical malpractice claim.
Score: 555 April 12, 2018 2018-038-538 : PAGE v. THE STATE OF NEW YORK, # 2018-038-538, Claim No. 130406, Motion No. M-91613 M-91613
Claimant's motion to strike ten affirmative defenses granted in part, as four of the affirmative defenses were shown to be without merit.
Score: 744 April 11, 2018 2018-038-106 : LOPEZ v. THE STATE OF NEW YORK, # 2018-038-106, Claim No. 120852 
Score: 236 April 10, 2018 2018-038-537 : SIMPSON v. THE STATE OF NEW YORK, # 2018-038-537, Claim No. 128330, Motion No. M-91599 M-91599
Claimant's motion to dismiss affirmative defenses denied. Pleadings not attached to motion, and claimant's submission does not address the merits of the defenses.
Score: 475 April 6, 2018 2018-038-534 : SPIRLES v. THE STATE OF NEW YORK, # 2018-038-534, Claim No. 124465, Motion No. M-90841, Cross-Motion Nos. CM-91124, CM-91460 M-90841
Lack of compliance with the pleading requirements is basis for granting defendant's cross motion for lack of jurisdiction. Claimant's motion to compel production of discovery materials and his cross motion for summary judgment are denied as moot.
Score: 149 April 6, 2018 2018-038-532 : KEITT v. THE STATE OF NEW YORK, # 2018-038-532, Claim No. 126250, Motion No. M-91525 M-91525
Motion to compel denied as premature. Discovery demand was served with motion, and claimant did not demonstrate that defendant had failed to comply with discovery request.
Score: 236 April 6, 2018 2018-038-533 : THOMAS v. STATE OF NEW YORK, # 2018-038-533, Claim No. 123148, Motion No. M-91560, Cross-Motion No. CM-91561 M-91560
Claimant's and defendant's dueling motions for summary judgment on claim for 26 days of wrongful excessive confinement in SHU both granted in part and denied in part. Defendant's confinement of claimant was privileged for 22 days, but in the absence of an extension of the date to complete the Tier III hearing after the 22nd day, the continued confinement of claimant in the SHU for an additional four days was not privileged, and defendant is liable to claimant for damages for the four days spent in SHU rather than in keeplock.
Score: 555 April 5, 2018 2018-040-029 : REYES v. THE STATE OF NEW YORK, # 2018-040-029, Claim No. 126894, Motion No. M-90959 M-90959
State's Motion for Summary Judgment regarding an inmate upon inmate assault Claim granted in part and denied in part.
Score: 757 April 4, 2018 2018-045-013 : WITKOVSKY v. THE STATE OF NEW YORK, # 2018-045-013, Claim No. 128060, Motion No. M-91111 M-91111
Defendant's summary judgment motion to dismiss the claim for failure to timely file the claim.
Score: 518 April 4, 2018 2018-041-029 : SANTANA v. THE STATE OF NEW YORK, # 2018-041-029, Claim No. 126530, Motion No. M-91228 M-91228
In claim alleging that defendant failed to protect claimant from assault by fellow inmates, claimant's motion to compel production of defendant's inmate security-related correctional facility policy and procedures manual and directives, along with inmate-assailants' relevant disciplinary records, is granted.
Score: 537 April 4, 2018 218-054-039 : SKINNER v. THE STATE OF NEW YORK, # 218-054-039, Claim No. 122032 
Claimant
Score: 498 April 3, 2018 2018-045-012 : SANTIAGO v. THE STATE OF NEW YORK, # 2018-045-012, Claim No. 123998, Motion No. M-91310 M-91310
Defendant's motion to dismiss pro se inmate's claim due to service by regular mail.
Score: 637 April 3, 2018 2018-032-028 : NAVARRO v. THE STATE OF NEW YORK, # 2018-032-028, Claim No. None, Motion No. M-91478 M-91478
Movant's motion seeking late claim relief is denied where defendant submitted proof that it does not own the building where the accident occurred.
Score: 498 April 2, 2018 2018-032-026 : RODRIGUEZ v. THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2018-032-026, Claim No. 128912, Motion No. M-90909 M-90909
The Court's Order to Show Cause is vacated as moot following the parties' filing of a stipulation of conditional dismissal.
Score: 475 April 2, 2018 2018-032-007 : CORIOLAN v. THE STATE OF NEW YORK, # 2018-032-007, Claim No. 122288 
Following a trial, claimant's causes of action for wrongful confinement and bailment are dismissed.
Score: 585 March 30, 2018 2018-040-028 : JOHNSON v. THE STATE OF NEW YORK, # 2018-040-028, Claim No. 126452 
Pro se Claimant failed to establish Defendant was negligent in maintaining Correctional Facility building roof.
Score: 498 March 29, 2018 2018-038-105 : PORTALATIN v. THE STATE OF NEW YORK, # 2018-038-105, Claim No. 120745 
Confinement in a SHU after being found guilty of inmate misbehavior was privileged up until disciplinary finding was administratively reversed due to uncertainty about claimant's guilt of the charges. However, defendant did not demonstrate that continued confinement in the SHU after the administrative reversal was privileged, and claimant is awarded damages in the amount of $180.00 for six days spent in SHU after administrative reversal.
Score: 299 March 29, 2018 2018-038-530 : BROWN v. THE STATE OF NEW YORK, # 2018-038-530, Claim No. 130528, Motion No. M-91538 M-91538
Defendant's motion to dismiss claim on jurisdictional grounds granted due to improper service by ordinary mail.
Score: 299 March 28, 2018 2018-045-005 : COHEN v. THE STATE OF NEW YORK, # 2018-045-005, Claim No. 121517, Motion No. M-88544 M-88544
Bicyclist's front tire gets caught in a grate in the roadway. Defendant's summary judgment motion.
Score: 449 March 27, 2018 2018-054-037 : BIELER v. THE STATE OF NEW YORK, # 2018-054-037, Claim No. 126436, Motion No. M-91856 M-91856
Defendant's motion to dismiss denied, claim not served upon defendant.
Score: 626 March 27, 2018 2018-045-011 : DORR v. THE STATE OF NEW YORK, # 2018-045-011, Claim No. 121375, Motion No. M-91265, Cross-Motion No. CM-91479 M-91265
Defendant's motion to dismiss the claim for failure to timely file the claim. Claimant's cross-motion to file a late claim after expiration of statute of limitations.
Score: 388 March 27, 2018 2018-050-021 : SICARI v. THE STATE OF NEW YORK, # 2018-050-021, Claim No. 127254, Motion No. M-91559 M-91559
Defendant's motion for an order pursuant to CPLR 3025 granting the State leave to amend its answer to assert two additional affirmative defenses is granted.
Score: 388 March 27, 2018 2018-054-015 : HADDOCK v. THE STATE OF NEW YORK, # 2018-054-015, Claim No. 126379 
Wrongful confinement dismissed, violation of drug testing directive is not a due process violation.
Score: 555 March 27, 2018 2018-032-025 : MOHAMMAD v. THE STATE OF NEW YORK, # 2018-032-025, Claim No. 130211 (1), Motion No. M-91065 M-91065
The claim is dismissed for claimant's failure to serve the claim by certified mail, return receipt requested.
Score: 626 March 26, 2018 2018-018-923 : McCargar v. NEW YORK STATE THRUWAY AUTHORITY, # 2018-018-923, Claim No. NONE, Motion No. M-91435 M-91435
Late claim application denied pursuant to CCA § 11 (b).
Score: 537 March 26, 2018 2018-501-002 : HERNANDEZ v. THE STATE OF NEW YORK, # 2018-501-002, Claim No. 119760 
Claim alleging that defendant failed to protect inmate-claimant from assault by fellow inmates is dismissed after trial where proof showed that assault, which took place in adequately supervised protective custody wing of correctional facility where the involved inmates were housed,  was sudden, brief, unplanned and claimant had no prior problems or altercations with his two attackers before the assault.
Score: 809 March 26, 2018 2018-032-021 : SINGH v. THE STATE OF NEW YORK, # 2018-032-021, Claim No. None, Motion No. M-91123 M-91123
Movant's motion seeking permission to treat the notice of intention as a claim is granted. The notice of intention contains sufficient facts to constitute a claim, and defendant would not be prejudiced by the Court's granting of movant's application.
Score: 236 March 23, 2018 2018-015-115 : ANAND v. THE STATE OF NEW YORK, # 2018-015-115, Claim No. 122521, Motion No. M-91882 M-91882
Claimant's motion to dismiss counterclaim was denied as moot inasmuch as a default judgment order had already been entered.
Score: 449 March 23, 2018 2018-032-010 : VAZQUEZ v. STATE OF NEW YORK, # 2018-032-010, Claim No. 120507 
Following a trial, the Court finds that claimant proved his bailment claim by a preponderance of the credible evidence and awards claimant $380.00 as fair and reasonable compensation for the value of his lost items.
Score: 498 March 23, 2018 2018-045-010 : DIETZ v. THE STATE OF NEW YORK, # 2018-045-010, Claim No. None, Motion No. M-91144 M-91144
Late claim motion, Claimant given tainted food while incarcerated at the Suffolk County Correctional Facility.
Score: 737 March 23, 2018 2018-032-20 : DAVIS v. THE STATE OF NEW YORK, # 2018-032-20, Claim No. None, Motion No. M-91408 M-91408
Motion for permission to file a late claim is granted.
Score: 600 March 23, 2018 2018-041-026 : YOUNG v. THE STATE OF NEW YORK, # 2018-041-026, Claim No. 125198, Motion No. M-91642 M-91642
Claimant's application to vacate Decision and Order dismissing claim for failure of claimant's attorney to appear at multiple conferences is denied as both untimely and insufficient where motion was made more than one year after service of notice of entry of the challenged Decision and Order and where claimant fails to set forth any facts constituting purported law office failure and thus fails to offer a reasonable excuse for default.
Score: 420 March 22, 2018 2018-045-009 : JACKSON v. THE STATE OF NEW YORK, # 2018-045-009, Claim No. 130138, Motion No. M-91141 M-91141
Claimant's motion to dismiss due to defendant's failure to properly verify its answer, improper verification.
Score: 420 March 22, 2018 2018-054-016 : CLAUDIO v. THE STATE OF NEW YORK, # 2018-054-016, Claim No. 126418 
No due process violation based on urinalysis calibration or Hearing Officer's failure to call witness.
Score: 600 March 22, 2018 2018-040-027 : EVANS v. THE STATE OF NEW YORK, # 2018-040-027, Claim No. 127267 
Court finds Claimant failed to establish by a preponderance of the credible evidence that the State was negligent in losing his personal property.
Score: 388 March 22, 2018 2018-045-008 : JACKSON v. THE STATE OF NEW YORK, # 2018-045-008, Claim No. 129390, Motion No. M-91506 M-91506
Claimant's motion to dismiss due to defendant's failure to properly verify its answer, improper verification.
Score: 299 March 20, 2018 2017-031-512 : PHEARSDORF v. THE STATE OF NEW YORK, # 2017-031-512, Claim No. 121775 
Claimant's fall from an elevated work station was the result of a statutory violation of Labor Law § 240 (1) for which Defendant is 100% liable.