New York State Court of Claims

New York State Court of Claims

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Score: 388 October 18, 2017 2017-054-004 : CABRERA v. THE STATE OF NEW YORK, # 2017-054-004, Claim No. 129533, Motion No. M-91036 M-91036
Claim dismissed-No jurisdiction over NYC Police Department and NYC District Attorney's Office
Score: 388 October 18, 2017 2017-054-005 : ALSAIFULLAH v. THE STATE OF NEW YORK AND ITS INDEMNIFIED EMPLOYEES, SERVANTS AND AGENTS, # 2017-054-005, Claim No. 129374, Motion No. M-91076 M-91076
Untimely service of claim, service of Amended Claim cannot cure a jurisdictionally defective claim.
Score: 449 October 18, 2017 2017-054-007 : BORDEAU v. THE STATE OF NEW YORK, # 2017-054-007, Claim No. 126607, Motion No. M-91089 M-91089
Assault by correction officer-Claim dismissed- improper service and untimely filing of the claim.
Score: 299 October 18, 2017 2017-054-006 : ALSAIFULLAH v. THE STATE OF NEW YORK AND ITS INDEMNIFIED EMPLOYEES, SERVANTS AND AGENTS, # 2017-054-006, Claim No. 129374, Motion No. M-91056 M-91056
Claim dismissed so motion is rendered moot.
Score: 537 October 16, 2017 2017-041-070 : HERNANDEZ v. THE STATE OF NEW YORK, # 2017-041-070, Claim No. 119760, Motion No. M-90729 M-90729
Defendant's motion for summary judgment dismissing claim based upon inmate-on-inmate assault is denied where issues of fact exists as to allegations that defendant's correction officer failed to provide proper supervision of the inmates who assaulted the claimant and failed to be at his post to timely intervene to stop the assault and mitigate the injuries and damages inflicted on claimant.
Score: 704 October 16, 2017 2017-041-070 : TUITT v. THE STATE OF NEW YORK, # 2017-041-070, Claim No. 127760, Motion No. M-90562, Cross-Motion No. CM-90670 M-90562
Defendant's cross-motion to dismiss wrongful confinement/negligence claim arising from claimant's post-release supervision assignment to residential treatment facility located within correctional facility is granted where claim fails to state a cause of action for either wrongful confinement or negligence and where Court of Claims lacks subject matter jurisdiction over challenge to administrative acts and/or omissions of Parole Board.
Score: 613 October 13, 2017 2017-044-575 : BONNETTE v. THE STATE OF NEW YORK, # 2017-044-575, Claim No. 108849, Motion No. M-90784 M-90784
Motion for permission to file/serve late answer granted based upon reasonable excuse and apparent meritorious defense.
Score: 347 October 13, 2017 2017-041-068 : BEDORE v. THE STATE OF NEW YORK, # 2017-041-068, Claim No. 126525, Motion No. M-90716 M-90716
Claimant's motion to compel disclosure of transcripts and CD recordings of police officer interviews and disclosure of Critical Incident Report concerning fatal accident involving New York State Police vehicle is granted.
Score: 236 October 13, 2017 2017-041-069 : CARRASCO v. THE STATE OF NEW YORK, # 2017-041-069, Claim No. 124810, Motion No. M-90739 M-90739
Defendant's unopposed motion for summary judgment dismissing wrongful confinement claim is granted based upon defendant's quasi-judicial hearing absolute immunity.
Score: 518 October 11, 2017 2017-038-576 : GORHAM v. THE STATE OF NEW YORK, # 2017-038-576, Claim No. 129494, Motion No. M-90487, Cross-Motion No. CM-90671 M-90487
Defendant's motion to dismiss for lack of jurisdiction for failure to serve claim by CRRR. Claimant's motion pursuant to Court of Claims Act 10 (6) and CPLR 205 (a) is denied. Late claim relief is not available for an inmate's claim for lost or damaged property, and authority to recommence an action pursuant to CPLR 205 (a) does not apply where initial action was dismissed for lack of personal jurisdiction.
Score: 555 October 10, 2017 2017-038-575 : ANEKWE v. STATE OF NEW YORK, # 2017-038-575, Claim No. 129363, Motion No. M-90456 M-90456
Claimant's motion to dismiss eight affirmative defenses granted in part. Second Affirmative Defense asserted that claimant's activities bore certain risks, which did not pertain to this claim arising from allegedly inadequate medical treatment. Remainder of motion denied as no other affirmative defense was shown to lack merit as a matter of law and an answer's general denials of allegations in a claim are not subject to a motion to dismiss under CPLR 3211 (b).
Score: 570 October 10, 2017 2017-015-268 : HARDIN v. THE STATE OF NEW YORK, # 2017-015-268, Claim No. 126689, Motion No. M-90795, Cross-Motion No. CM-90858 M-90795
Conversion claim was dismissed for lack of jurisdiction and, in any event, was meritless.
Score: 420 October 6, 2017 2017-032-056 : WILSON v. THE STATE OF NEW YORK, # 2017-032-056, Claim No. 127966, Motion No. M-90200 M-90200
Score: 570 October 6, 2017 2017-032-054 : BARNES v. THE STATE OF NEW YORK, # 2017-032-054, Claim No. 120755, Motion No. M-90253, Cross-Motion No. CM-90503 M-90253
Claimant's motion to compel discovery and strike defendant's answer is denied in its entirety. Defendant's cross-motion seeking a protective order is granted.
Score: 585 October 6, 2017 2017-032-055 : COVINGTON v. THE STATE OF NEW YORK, # 2017-032-055, Claim No. 125594, Motion No. M-90094 M-90094
Score: 420 October 5, 2017 2017-038-572 : WARD v. THE STATE OF NEW YORK, # 2017-038-572, Claim No. 122631, Motion No. M-90351 M-90351
Motion for assignment of counsel denied. Motion was not served upon Attorney General, claimant's affidavit in support of the motion does not state the nature of the action or provide sufficient facts as to the merits of the claim, as required by CPLR 1101 (a), claimant is not facing a loss of liberty or grievous forfeiture, and this personal injury action is the type of matter that could be prosecuted by counsel on a contingent fee basis.
Score: 678 October 5, 2017 2017-038-573 : NEW YORK REHABILITATION CARE MANAGEMENT, LLC v. NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, # 2017-038-573, Claim No. 129582, Motion No. M-90472 M-90472
Claim for Medicaid benefits that allegedly should have been paid to claimant's Medicaid provider dismissed for lack of subject matter jurisdiction. Primary relief sought is judicial review of whether defendant's actions or omissions were lawful, and any Medicaid funds owed would be incidental relief to a finding that defendant acted improperly. Matter belongs in Supreme Court on an Article 78 petition.
Score: 498 October 5, 2017 2017-038-574 : ARKIM v. THE STATE OF NEW YORK, # 2017-038-574, Claim No. 127257, Motion No. M-90244, Cross-Motion No. CM-90428 M-90244
Defendant's motion seeking dismissal of the claim for improper service denied because it was not timely made. Competing motions for summary judgment denied as premature because issue was not joined (CPLR 3212 [a]).
Score: 449 October 4, 2017 2017-038-570 : ANEKWE v. THE STATE OF NEW YORK, # 2017-038-570, Claim No. 127024, Motion No. M-90451 M-90451
Claimant's motion to reject untimely response to notice to admit and for sanctions denied. Defendant's five day delay in serving response was de minimis and non-prejudicial, and Court exercised its discretion to extend time to serve response nunc pro tunc. Since the CPLR provides a post-trial remedy for responses to the notice to admit that are proven at trial to be false or incorrect, claimant's request for sanctions denied as premature.
Score: 475 October 4, 2017 2017-038-564 : GONZALEZ v. THE STATE OF NEW YORK, # 2017-038-564, Claim No. 129495, Motion No. M-90458 M-90458
Notice of intention does not apply to extend dates for filing and service of inmate property claims.
Score: 600 October 4, 2017 2017-045-042 : WICKS v. THE STATE OF NEW YORK, # 2017-045-042, Claim No. 127197, Motion No. M-90222, Cross-Motion No. CM-90323 M-90222
Defendant's motion to dismiss appropriation claim due to failure to comply with CCA 11 (b). Also seeking summary judgment to dismiss that portion of the claim seeking consequential damages due to installation of recharge basin on neighbor's property. Claimants cross-move for additional discovery.
Score: 236 October 4, 2017 2017-038-569 : PORTO v. STATE OF NEW YORK, # 2017-038-569, Claim No. 126417, Motion No. M-90310 M-90310
Claimant's motion for summary judgment denied. Even if the motion was not defective because it was unsupported by a copy of the pleadings, it does not demonstrate prima facie that the inmate-on-inmate attack on him in the facility recreation yard was reasonably forseeable.
Score: 722 October 4, 2017 2017-038-571 : PURDIE v. THE STATE OF NEW YORK, # 2017-038-571, Claim No. None, Motion No. M-90401 M-90401
Motion for late claim relief pursuant to Court of Claims Act 10 (6) denied. All causes of action that may have been stated in the proposed claim lacked appearance of merit.
Score: 449 October 4, 2017 2017-038-568 : MATHIS v. THE STATE OF NEW YORK, # 2017-038-568, Claim No. 129629, Motion No. M-90500 M-90500
Notice of intention does not extend time within which to file and serve an inmate bailment claim ( see Court of Claims Act 10 [9]).
Score: 299 October 4, 2017 2017-038-565 : HALL v. NEW YORK STATE, # 2017-038-565, Claim No. 129645, Motion No. M-90512 M-90512
Defendant's motion to dismiss granted. Claimant's unsworn submission, unaccompanied by documentary evidence, was insufficient to refute defendant's demonstration that claim was served by ordinary first class mail and not CMRRR.
Score: 678 October 3, 2017 2017-044-573 : BELOT v. THE STATE OF NEW YORK, # 2017-044-573, Claim No. 117532, Motion No. M-90688 M-90688
Post-trial motion for reconsideration/reargument denied.
Score: 626 October 3, 2017 2017-032-050 : SCHWARTZ v. THE STATE OF NEW YORK, # 2017-032-050, Claim No. None, Motion No. M-90298 M-90298
Motion for late claim relief pursuant to Court of Claims Act 10 (6) is denied, as movant failed to establish that the proposed claim has merit.
Score: 637 October 3, 2017 2017-032-052 : MOORE v. THE STATE OF NEW YORK, # 2017-032-052, Claim No. 128551, Motion No. M-90021, Cross-Motion No. CM-90231 M-90021
Claimant's motion to amend is denied and defendant's cross-motion to dismiss is granted for lack of subject matter jurisdiction.
Score: 637 October 3, 2017 2017-032-053 : CAMPBELL v. THE STATE OF NEW YORK, # 2017-032-053, Claim No. None, Motion No. M-90139 M-90139
Movant's application for late claim relief pursuant to Court of Claims Act 10 (6) is denied.
Score: 626 October 3, 2017 2017-053-559 : HOMESTEAD v. NEW YORK STATE INSURANCE FUND, # 2017-053-559, Claim No. 122681, Motion Nos. M-90738, CM-90873 M-90738, CM-90873
The New York State Insurance Fund's motion to dismiss the amended claim in lieu of an answer is granted. The amended claim was filed without permission of the Court almost four years after the original claim. Claimant's cross motion seeking leave to amend the claim to assert additional claims for excess workers compensation insurance premiums charged is denied as the proposed claim would impermissibly expand the original claim and the new causes of action asserted were not timely asserted and are jurisdictionally defective.
Score: 613 October 3, 2017 2017-032-051 : GRUIA v. SUNY DOWNSTATE MEDICAL CTR., # 2017-032-051, Claim No. None, Motion No. M-90497 M-90497
Score: 347 September 29, 2017 2017-045-040 : SECCATORE v. THE STATE OF NEW YORK, # 2017-045-040, Claim No. 125269, Motion No. M-90607 M-90607
Administrator substituted in the caption.
Score: 420 September 29, 2017 2017-045-510 : FORINO v. THE STATE OF NEW YORK, # 2017-045-510, Claim No. 126540 
Pro se inmate bailment trial.
Score: 537 September 29, 2017 2017-045-511 : QUEZADA v. THE STATE OF NEW YORK, # 2017-045-511, Claim No. 124919 
Pro se inmate bailment trial.
Score: 687 September 29, 2017 2017-032-048 : LINGO v. THE STATE OF NEW YORK, # 2017-032-048, Claim No. None, Motion No. M-89873 M-89873
Motion for late claim relief pursuant to Court of Claims Act 10 (6) is granted in part.
Score: 475 September 29, 2017 2017-045-041 : BENFANTE v. THE STATE OF NEW YORK, # 2017-045-041, Claim No. 129577, Motion No. M-90453 M-90453
Defendant's motion to dismiss claim due to claimant's lack of standing as she was not appointed administratrix prior to filing the claim. Additionally, late claim request was denied since derivative claim for loss of consortium cannot stand without a valid main cause of action.
Score: 770 September 28, 2017 2017-044-572 : SANTANA v. THE STATE OF NEW YORK, # 2017-044-572, Claim No. 127217, Motion No. M-90447, Cross-Motion No. CM-90646 M-90447
Score: 787 September 27, 2017 2017-015-261 : SALCE v. THE STATE OF NEW YORK, # 2017-015-261, Claim No. 126391, Motion No. M-90553, Cross-Motion No. CM-90860 M-90553
In this claim for unjust conviction and imprisonment pursuant to Court of Claims Act 8-b, claimant's motion for partial summary judgment on the issue of liability was denied as the proof submitted in support of the motion contained conflicting evidence on the issue of claimant's innocence. That branch of claimant's motion seeking dismissal of certain defenses was granted, in part, and defendant's cross motion to dismiss the claim for failure to state a cause of action was denied.
Score: 299 September 26, 2017 2017-053-557 : CIFUENTES v. THE STATE OF NEW YORK, # 2017-053-557, Claim No. 127925, Motion No. M-90099 M-90099
Pro se claimant's motion to compel State to respond to discovery demands is granted in part and denied in part. The State failed to object to any portion of claimant's demand in a timely fashion and may resist disclosure only where the request seeks privileged material or is palpably improper.
Score: 347 September 25, 2017 2017-038-563 : MACDONALD v. STATE OF NEW YORK, # 2017-038-563, Claim No. 127410, Motion No. M-90950 M-90950
Defendant's motion for judicial subpoena duces tecum denied. Subpoena is not a substitute for discovery.
Score: 728 September 25, 2017 2017-040-128 : EDGERTON v. THE STATE OF NEW YORK, # 2017-040-128, Claim No. 127498, Motion No. M-89988 M-89988
State's Motion: (1) to dismiss based upon lack of jurisdiction; and (2) for summary judgment denied.
Score: 498 September 25, 2017 2017-045-037 : CIULLO v. THE STATE OF NEW YORK, # 2017-045-037, Claim No. 124529, Motion No. M-91058 M-91058
attorney's motion to be relieved as counsel, also outstanding motion to be served on claimant.
Score: 475 September 22, 2017 2017-054-003 : VAN WYK v. QUEENSBOROUGH COMMUNITY COLLEGE, CITY UNIVERSITY OF NEW YORK (CUNY), # 2017-054-003, Claim No. 130070, Motion No. M-90977 M-90977
Court does not have jurisdiction over claims against CUNY community college, only against CUNY senior college.
Score: 637 September 22, 2017 2017-054-002 : SANDERS v. THE STATE OF NEW YORK, # 2017-054-002, Claim No. 123612 
Excessive force by correction officer
Score: 299 September 21, 2017 2017-041-066 : BROWN v. THE STATE OF NEW YORK, # 2017-041-066, Claim No. 122362, Motion No. M-90462 M-90462
Claimant's second motion for summary judgment in wrongful confinement action is denied where claimant fails to base successive summary judgment motion on newly discovered evidence or other sufficient cause and again fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's alleged violation of disciplinary hearing regulation.
Score: 149 September 21, 2017 2017-015-264 : ANDERSON v. THE STATE OF NEW YORK, # 2017-015-264, Claim No. 128944, Motion No. M-90761 M-90761
Claimant's motion to compel disclosure was denied.
Score: 149 September 21, 2017 2017-015-265 : ANDERSON v. THE STATE OF NEW YORK, # 2017-015-265, Claim No. 128944, Motion No. M-90762 M-90762
Claimant's motion to compel a response to his request for admissions was denied.
Score: 299 September 20, 2017 2017-015-266 : TILLMAN v. THE STATE OF NEW YORK, # 2017-015-266, Claim No. 123743, Motion No. M-90791 M-90791
Claimant's motion for an extension of time to make motions and to amend his claim was denied.
Score: 750 September 20, 2017 2017-040-127 : COMBELLACK v. THE STATE OF NEW YORK, # 2017-040-127, Claim No. 127477, Motion No. M-90623 M-90623
Claimant's Motion: (1) to dismiss affirmative defenses denied; (2) to amend the Notice of Intention denied; (3) to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 498 September 20, 2017 2017-015-263 : MADORE v. STATE OF NEW YORK (Olympic Regional Development Authority), # 2017-015-263, Claim No. 128220, Motion No. M-90787 M-90787
The Court granted defendant's motion to strike the Note of Issue.