New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 347 November 8, 2021 2021-038-560 : BROWN v. NEW YORK STATE, # 2021-038-560, Claim No. 136520, Motion No. M-97058 M-97058
Defendant's motion to dismiss the claim for failure to state a cause of action granted. Claim failed to allege the existence of a special relationship between claimant and the DMV giving rise to a special duty with respect to the allegation that the DMV erroneously recorded the VIN number of claimant's vehicle.
Score: 570 November 4, 2021 2021-061-104 : NORRELL v. STATE OF NEW YORK, # 2021-061-104, Claim No. 128786, Motion No. M-97211 M-97211
Score: 737 November 1, 2021 2021-061-102 : MY RYAN v. STATE OF NEW YORK, # 2021-061-102, Claim No. 126279, Motion No. M-97007 M-97007
Score: 613 October 28, 2021 2021-041-053 : HOWARD v. THE STATE OF NEW YORK, # 2021-041-053, Claim No. NONE, Motion No. M-97072 M-97072
Uncontested application to file and serve late claim is granted where claim alleging that defendant negligently tested and/or misreported result of infant's genetic test causing onset of otherwise preventable degenerative muscular condition has appearance of merit and defendant had prompt notice of facts and circumstances underlying the incident.
Score: 236 October 28, 2021 2021-041-054 : WRIGHT v. THE STATE OF NEW YORK, # 2021-041-054, Claim No. 131663, Motion No. M-97229 M-97229
Claimant's motion for summary judgment in bailment claim is denied where issues of fact exist, pursuant to inmate property regulations, as to whether allegedly lost 1989-1990 trial transcripts are of any use or value in any pending or future legal proceeding and as to cost and/or possibility of replacing the trial transcripts.
Score: 585 October 25, 2021 2021-058-055 : DOE- 19096 v. STATE OF NEW YORK, # 2021-058-055, Claim No. 136618, Motion No. M-97138 M-97138
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously.
Score: 809 October 25, 2021 2021-059-067 : LAYER v. THE STATE OF NEW YORK, # 2021-059-067, Claim No. 134106, Motion No. M-96122 M-96122
Score: 585 October 25, 2021 2021-058-057 : DOE- 19095 v. STATE OF NEW YORK , # 2021-058-057, Claim No. 136580, Motion No. M-97141 M-97141
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously.
Score: 585 October 20, 2021 2021-038-556 : DARCY v. THE STATE OF NEW YORK, # 2021-038-556, Claim No. 131319, Motion No. M-96878 M-96878
Claimant's motion for summary judgment on the issue of liability granted in part. claimant met his prima facie burden on his Labor Law§ 241(6) claim of demonstrating that defendant allowed the ramp on which he was injured to remain in a slippery condition in violation of Industrial Code § 23-1.7 (d). In searching the record, the Court granted summary judgment to defendant on claimant's Labor Law § 241 (6) claim insofar as it alleged a violation of Industrial Code § 23-1.7 (f), inasmuch as that provision is inapplicable to the ramp at issue. Motion denied with respect to claimant's Labor Law § 200 claim, as there is a genuine issue of material fact as to the applicability of the storm in progress doctrine.
Score: 659 October 19, 2021 2021-040-056 : FARMER v. THE STATE OF NEW YORK, # 2021-040-056, Claim No. 132259, Motion No. M-96983 M-96983
Claim dismissed based upon Claimant's failure to resume prosecution.
Score: 420 October 19, 2021 2021-040-055 : PAULINO v. THE STATE OF NEW YORK, # 2021-040-055, Claim No. NONE, Motion No. M-97139 M-97139
Movant's application to file a Claim late pursuant to CCA § 10(6) denied as Movant failed to serve Motion on Defendant.
Score: 537 October 19, 2021 2021-040-054 : ROMPREY v. THE STATE OF NEW YORK, # 2021-040-054, Claim No. 136333, Motion No. M-97000 M-97000
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 704 October 18, 2021 2021-054-044 : TAYLOR v. THE STATE OF NEW YORK, # 2021-054-044, Claim No. NONE, Motion No. M-96835 M-96835
The motion sought permission to file a late claim (Court of Claims Act § 10 [6]) alleging that movant was wrongfully confined at Fishkill Correctional Facility in violation of his right to due process. This Court granted the motion, finding an appearance of merit, based on allegations that movant was removed from the temporary release program immediately after a false/positive result from a rapid drug test the State knew was unreliable, and that he was kept in full confinement after a biased disciplinary hearing. 
Score: 475 October 15, 2021 2021-041-048 : PLATT v. THE STATE OF NEW YORK, # 2021-041-048, Claim No. 127275, Motion No. M-97269 M-97269
Claimant's motion for an order permitting service of subpoena on an incarcerated person for deposition and/or trial testimony is denied where claim was filed nearly six (6) years ago, claimant asserted readiness for trial nearly ten (10) months ago, claimant previously obtained adjournment of trial for purpose of securing testimony of a non-incarcerated witness without requesting newly demanded incarcerated person testimony and where claimant has failed to show the materiality and necessity of the demanded incarcerated person testimony.
Score: 475 October 15, 2021 2021-058-050 : Coon v. STATE OF NEW YORK, # 2021-058-050, Claim No. 134475, Motion No. M-97088 M-97088
Motion to compel disclosure of basic assignment information of potential assailant in case commenced pursuant to Child Victims Act granted.
Score: 518 October 13, 2021 2021-058-049 : NEWMAN v. STATE OF NEW YORK, # 2021-058-049, Claim No. 136662, Motion No. M-97179 M-97179
Motion to dismiss Claim brought pursuant to Child Victims Act granted; Claimant failed to establish a special relationship to impose tort liability upon the State for its oversight of a not-for-profit juvenile detention center.
Score: 637 October 12, 2021 2021-058-048 : Brown v. STATE OF NEW YORK , # 2021-058-048, Claim No. 136622, Motion No. M-97220 M-97220
Motion to dismiss Claim denied; Claimant need not exhaust administrative remedies before commencing action for medical negligence/malpractice; Affording Claimant every favorable inference, claim is sufficiently particular to give Defendant notice of the essential facts constituting the claim.
Score: 637 October 8, 2021 2021-053-550 : BUGGS v. THE STATE OF NEW YORK, # 2021-053-550, Claim No. NONE, Motion No. M-96744 M-96744
Movant, an incarcerated individual, alleges that he sustained injuries falling from a top bunk due to the negligence of the State.  Movant's motion for leave to file a late claim is granted as the Court finds that the factors of notice, opportunity to investigate, lack of prejudice and no alternative remedy weigh in his favor.
Score: 420 October 8, 2021 2021-059-065 : MICELI v. THE STATE OF NEW YORK, # 2021-059-065, Claim No. 128175 
Score: 236 October 7, 2021 2021-051-032 : DAVIS v. STATE OF NEW YORK, # 2021-051-032, Claim No. 131072, Motion No. M-97054 M-97054
The defendant's motion for summary judgment, relying solely upon the reckless disregard standard set forth Vehicle and Traffic Law § 1104, is denied since the State driver had come to a full stop before entering the roadway and Vehicle and Traffic Law § 1104 did not apply.
Score: 570 October 7, 2021 2021-053-549 : MEDINA v. STATE OF NEW YORK, # 2021-053-549, Claim No. 126720, Motion No. M-96838 M-96838
The State's motion to dismiss claim as untimely is granted. Claimant, a former incarcerated person, sought to recover for a period of wrongful confinement. The Court finds that claimant failed to file and serve his claim within 90 days of accrual and that the State objected to the claim's untimeliness with sufficient particularity in its answer.
Score: 600 October 7, 2021 2021-059-064 : MUCO v. THE STATE OF NEW YORK, # 2021-059-064, Claim No. 133852, Motion Nos. M-96462 M-96573 M-96462 M-96573
Score: 555 October 7, 2021 2021-058-046 : DOE-18987 v. STATE OF NEW YORK, # 2021-058-046, Claim No. 136546, Motion No. M-97140 M-97140
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously.
Score: 347 October 6, 2021 2021-051-031 : RIVERA v. STATE OF NEW YORK, # 2021-051-031, Claim No. 135424, Motion No. M-96895 M-96895
Score: 613 October 6, 2021 2021-059-063 : WALTON v. THE STATE OF NEW YORK, # 2021-059-063, Claim No. 122548, Motion No. M-97056 M-97056
Score: 537 October 6, 2021 2021-051-030 : YOUNG v. STATE OF NEW YORK, # 2021-051-030, Claim No. 125264, Motion No. M-96952 M-96952
Score: 347 October 6, 2021 2021-054-038 : NEYSMITH v. THE STATE OF NEW YORK, # 2021-054-038, Claim No. 135598, Motion No. M-96872 M-96872
Motion for summary judgement denied.
Score: 498 October 4, 2021 2021-040-051 : ROMPREY v. THE STATE OF NEW YORK, # 2021-040-051, Claim No. 136332, Motion No. M-96984 M-96984
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 696 October 4, 2021 2021-040-050 : DENTEL v. STATE OF NEW YORK, # 2021-040-050, Claim No. NONE, Motion No. M-96887 M-96887
Motion for permission to serve and file a Claim late pursuant to CCA § 10(6) granted.
Score: 299 September 29, 2021 2021-059-062 : ARRIAGA v. THE STATE OF NEW YORK, # 2021-059-062, Claim No. 134161, Motion No. M-96695 M-96695
Score: 475 September 29, 2021 2021-053-548 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-548, Claim No. 129312, Motion No. M-97169 M-97169
Roswell Park failed to demonstrate unusual, unexpected or extraordinary circumstances warranting discretionary relief to compel a non-party deposition after the Note of Issue was filed and less than 60 days prior to trial.
Score: 704 September 28, 2021 2021-040-049 : MAIN STREET AMERICA PROTECTION INSURANCE CO. v. THE STATE OF NEW YORK, # 2021-040-049, Claim No. NONE, Motion No. M-95576 M-95576
Motion to late file Claim pursuant to CCA § 10(6) denied as proposed Claim lacks specificity as required by CCA § 11(b).
Score: 236 September 28, 2021 2021-059-061 : ELEBY v. THE STATE OF NEW YORK, # 2021-059-061, Claim No. 133622, Motion No. M-96885 M-96885
Score: 659 September 27, 2021 2021-058-045 : CASTRO v. STATE OF NEW YORK, # 2021-058-045, Claim No. 125758 
Claim against Defendant for negligent transportation of an incarcerated individual from a medical appointment dismissed after trial; DOCCS van that was transporting Claimant was rear-ended by a vehicle and propelled into a marked State Police vehicle stopped in front of it. Defendant's conduct, which was subject to the reckless disregard standard set forth in Vehicle and Traffic Law § 1104, was reasonable in light of the emergency circumstances presented to the driver of the DOCCS van.
Score: 737 September 27, 2021 2021-059-059 : TROTTO v. THE STATE OF NEW YORK, # 2021-059-059, Claim No. None, Motion No. M-96657 M-96657
Score: 420 September 27, 2021 2021-059-060 : SCHIFFMAN v. THE STATE OF NEW YORK, # 2021-059-060, Claim No. 130552, Motion No. M-96851 M-96851
Score: 585 September 24, 2021 2021-061-100 : ALFIERI v. STATE OF NEW YORK, # 2021-061-100, Claim No. 128696 
Following trial, claim for injuries from fall from bicycle was dismissed based upon application of assumption of the risk doctrine.
Score: 678 September 23, 2021 2021-053-547 : MANISCALCO v. THE STATE OF NEW YORK, # 2021-053-547, Claim No. NONE, Motion No. M-96837 M-96837
Pro se incarcerated person's motion for leave to file a late claim for alleged wrongful confinement and negligence is denied. The Court finds that the wrongful confinement cause of action is time barred. As to the negligence cause of action, the factors in Court of Claims Act 10 (6) weigh against a grant of discretionary relief.
Score: 613 September 23, 2021 2021-059-058 : FRAGALE v. THE STATE OF NEW YORK, # 2021-059-058, Claim No. None, Motion No. M-96845 M-96845
Score: 388 September 23, 2021 2021-038-554 : DODSON v. THE STATE OF NEW YORK, # 2021-038-554, Claim No. 133505, Motion No. M-97051 M-97051
Claimant's motion for assignment of counsel denied. Notice of motion was not served on the Dutchess County attorney as required by CPLR 1101 (c).
Score: 626 September 23, 2021 2021-038-555 : HARRIS v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, # 2021-038-555, Claim No. 134677, Motion No. M-97001 M-97001
Claim dismissed for lack of service on the Attorney General.
Score: 570 September 23, 2021 2021-041-047 : BILSKY v. THE STATE OF NEW YORK, # 2021-041-047, Claim No. 132659, Motion No. M-97067 M-97067
Claimants' motion for summary judgment as to defendant's liability in claim alleging that claimant/pedestrian was negligently struck by state-owned car while claimant/pedestrian was walking in shopping center parking lot is granted. A trial on damages will be scheduled to consider claimant/pedestrian's alleged comparative negligence in causing the accident and whether claimant/pedestrian sustained a serious injury as defined in the Insurance Law.
Score: 475 September 22, 2021 2021-059-057 : BETANCOURT v. THE STATE OF NEW YORK, # 2021-059-057, Claim No. 128829, Motion No. M-96609 M-96609
Score: 678 September 22, 2021 2021-059-056 : GIANNOTTI v. THE STATE OF NEW YORK, # 2021-059-056, Claim No. 136362, Motion No. M-96810 M-96810
Score: 518 September 21, 2021 2021-053-546 : J.F. v. STATE OF NEW YORK, # 2021-053-546, Claim No. 136492, Motion No. M-97176 M-97176
Claimant sought leave by Order to Show Cause to proceed in this Child Victims Act claim under a pseudonym. Evaluating the factors required by the Appellate Division, Fourth Department and balancing the interest of the public with that of the claimant, claimant's motion is granted.
Score: 388 September 21, 2021 2021-054-041 : AARON v. THE STATE OF NEW YORK, # 2021-054-041, Claim No. NONE, Motion No. M-96916 M-96916
late claim app denied as  moot due to timely service of a notice of intention
Score: 648 September 20, 2021 2021-059-054 : BRASSIL v. THE STATE OF NEW YORK, # 2021-059-054, Claim No. None, Motion No. M-96023 M-96023
Score: 626 September 17, 2021 2021-040-048 : WELCH v. SCHENECTADY COUNTY, NYS OFFICE OF CHILDREN AND FAMILY SERVICES, SUSAN FITZGERALD, SUSANNA HURLEY, # 2021-040-048, Claim No. 136375, Motion No. M-97031 M-97031
Motion by Non-State Defendant's denied as motion papers not served upon State as required by Uniform Rules for the Court of Claims § 206.9(b). However, Court sua sponte dismissed Claim against Schenectady County and individuals for lack of jurisdiction.
Score: 570 September 16, 2021 2021-058-041 : G. C. v. STATE OF NEW YORK, # 2021-058-041, Claim No. 136481, Motion No. M-97151 M-97151
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously.
Score: 420 September 16, 2021 2021-040-047 : T.V. v. THE STATE OF NEW YORK, # 2021-040-047, Claim No. 136308, Motion No. M-96985 M-96985
Court OSC vacated. Claim was served upon Defendant.