New York State Court of Claims

New York State Court of Claims

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Score: 737 January 8, 2021 2021-058-001 : SAMODOVITZ v. STATE OF NEW YORK, # 2021-058-001, Claim No. 134830, Motion No. M-96273 M-96273
Motion to dismiss Claim for lack of subject matter jurisdiction granted; Claim requires review of several administrative determinations, including the decision of the Office of Parks, Recreation and Historic Preservation to prohibit overnight stays at a State marina and to revoke Claimant's right to use a wet slip.
Score: 744 January 7, 2021 2020-058-054 : SNYDER v. STATE OF NEW YORK, # 2020-058-054, Claim No. 122234, Motion Nos. M-95437, M-95853, Cross-Motion No. CM-95852 M-95437, M-95853
Claimant's motion for summary judgment denied; Claimant's motion to dismiss certain affirmative defenses granted only insofar as dismissing so much of Defendant's second affirmative defense alleging immunity from liability for discretionary decisions regarding medical treatment of the inmate Claimant; Defendant's cross motion to dismiss Claimant's causes of action premised on federal constitutional violations and prima facie tort granted; Defendant's cross motion for summary judgment granted insofar as dismissing so much of Claimant's causes of action alleging that Defendant, through the conduct of the Department of Corrections and Community Supervision (DOCCS), negligently failed to perform an electrocardiogram (EKG) of Claimant; maintain, repair, or have a properly functioning EKG machine; and negligently hired, retained, and trained DOCCS' employees; Defendant's cross motion for summary judgment granted insofar as the Claim seeks to hold Defendant liable under a theory of agency or control in fact; The balance of the parties' motions for summary judgment are denied as there are material issues of fact as to whether Defendant can be held liable under a theory of apparent or ostensible agency and, if so, whether Defendant's breached the accepted standard of medical practice in treating Claimant; Claim amended sua sponte pursuant to CPLR 3025 (c) to conform to the proof presented on the competing motions for summary judgment; Defendant's unopposed motion in limine granted.
Score: 388 January 6, 2021 2021-053-501 : GRATE v. THE STATE OF NEW YORK, # 2021-053-501, Claim No. 134798, Motion No. M-95999 M-95999
Pro se claimant's motion seeking permission to late file a reply to the State's answer is denied as the answer did not contain a counterclaim and CPLR 3011 does not permit a reply to an answer.
Score: 498 December 23, 2020 2020-053-557 : SPARKS v. THE STATE OF NEW YORK, # 2020-053-557, Claim No. 124904, Motion No. M-95546 M-95546
Claimant's motion to compel a response to his second demand for discovery, information and inspection and/or compel defendant to supplement its responses is denied in part and granted in part.
Score: 537 December 23, 2020 2020-053-556 : BRADY, PARKER v. STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY, NEW YORK STATE CANAL CORPORATION, # 2020-053-556, Claim No. 123604, Motion No. M-95865 M-95865
Motion by defendants' to dismiss claim is granted to State of New York and denied to the New York State Canal Corporation and Thruway Authority. The Court finds that these defendants failed to establish as a matter of law that they had no duty to warn of the foreseeable danger of a collision that was created by the driveway access to a pedestrian bike path.
Score: 659 December 22, 2020 2020-038-589 : BEST v. NEW YORK STATE, # 2020-038-589, Claim No. 134651, Motion No. M-96136, Cross-Motion No. CM-96195 M-96136
Defendant's cross motion to dismiss the claim granted. The claim failed to comply with Court of Claims Act § 11 (b) as it did not allege the time when the claim arose, and the Court thus lacks jurisdiction over the claim. Claimant's motion for a default judgment denied as moot.
Score: 475 December 18, 2020 2020-041-049 : BLACK v. THE STATE OF NEW YORK, # 2020-041-049, Claim No. 135447, Motion No. M-96062, Cross-Motion No. CM-96194 M-96062
Defendant's motion to dismiss wrongful confinement claim as barred by intentional tort limitation period set forth in CPLR 215 (3) is denied where claim sounds in negligence.
Score: 420 December 18, 2020 2020-053-555 : TERRENCE v. THE STATE OF NEW YORK , # 2020-053-555, Claim No. 135041, Motion No. M-95907 M-95907
The State's motion to dismiss this pro se claimant's wrongful confinement claim is denied. The Court finds that claimant alleged sufficient facts to form the basis for a finding that due process safeguards of 7 NYCRR 254 were violated.
Score: 537 December 16, 2020 2020-053-554 : RAMOS v. STATE OF NEW YORK, # 2020-053-554, Claim No. 131470, Motion No. M-95869 M-95869
The State's motion to dismiss this pro se claim is granted. The Court finds that the claim is jurisdictionally defective as claimant served the claim by regular mail contrary to Court of Claims Act 10 (3) and 11 (a) (i).
Score: 585 December 15, 2020 2020-053-551 : ALLEN v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2020-053-551, Claim No. NONE, Motion No. M-95635 M-95635
Claimant's motion for permission to file a late notice of claim against Roswell Park pursuant to General Municipal Law 50-e is granted. The Court finds that although claimant did not offer a reasonable excuse for a delay in serving the claim that claimant established actual or constructive notice within 90 days and that there was no compelling showing of prejudice.
Score: 388 December 14, 2020 2020-038-584 : N.B. v. THE STATE OF NEW YORK, # 2020-038-584, Claim No. 135025, Motion No. M-95991 M-95991
Motion for assignment of counsel denied. Claimant failed to show he was facing a loss of liberty or grievous forfeiture, or any other compelling circumstance. Motion for reduced filing fee denied as moot.
Score: 347 December 11, 2020 2020-053-548 : KORNOWSKI v. STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, # 2020-053-548, Claim No. 133495, Motion No. M-95961 M-95961
Claimant's motion seeking an order pursuant to CPLR 3217 (b) permitting the voluntary discontinuance of this action with prejudice is granted.
Score: 347 December 11, 2020 2020-053-549 : MILLER v. STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, # 2020-053-549, Claim No. 133494, Motion No. M-95971 M-95971
Claimant's motion seeking an order pursuant to CPLR 3217 (b) permitting the voluntary discontinuance of this action with prejudice is granted.
Score: 626 December 10, 2020 2020-041-048 : CUMMINGS v. THE STATE OF NEW YORK, # 2020-041-048, Claim No. 133212, Motion No. M-96117 M-96117
Application to serve and file late claim alleging that defendant's negligence caused inmate/claimant to suffer injuries and damages resulting from attack by unidentified fellow inmate is granted where allegations of proposed claim, together with allegations of improperly served notice of intention to file a claim, provide minimal appearance of merit of proposed claim.
Score: 498 December 9, 2020 2020-053-547 : DELEON v. THE STATE OF NEW YORK, # 2020-053-547, Claim No. 127572, Motion No. M-94874 M-94874
The State's motion for partial summary judgment dismissing the pro se claimant's wrongful confinement and wrongful disclosure of mental health causes of action is granted.
Score: 648 December 9, 2020 2020-053-550 : VON STACKELBERG v. ALFRED STATE COLLEGE OF TECHNOLOGY, STATE UNIVERSITY OF NEW YORK, # 2020-053-550, Claim No. 133106, Motion No. M-95789 M-95789
Defendant's motion for summary judgment of this claim alleging age discrimination, violation of Executive Law 296, breach of contract, negligent infliction of emotional distress, and negligent hiring, training and supervision is granted.  The Court dismissed the claim on the basis that claimant failed to timely serve a notice of intention or claim within the requisite statutory time period.
Score: 555 December 9, 2020 2020-053-545 : Title not available M-95910
A defendant, who was sued in his individual capacity, brought a motion to dismiss the claim for lack of jurisdiction. This motion was granted but his request for attorneys fees was denied.
Score: 704 December 9, 2020 2020-038-583 : LALL v. THE STATE OF NEW YORK, # 2020-038-583, Claim No. None, Motion No. M-96006 M-96006
Claimant's motion for reargument of decision denying late claim motion granted in part, and upon reargument, the Court adheres to its prior decision. Although Cour may have erroneously concluded that claimant had available to him the remedy of an action against the individual medical providers, claimant conceded that he could have pursued a federal action and, in any event, the factor of the appearance of merit weighed decisively against granting the late claim application.
Score: 600 December 9, 2020 2020-053-546 : BOJARSKI v. STATE OF NEW YORK, WESTERN NEW YORK DEVELOPMENTAL DISABILITY SERVICES OFFICE, # 2020-053-546, Claim No. 130252, Motion No. M-95822 M-95822
In response to claimant's motion pursuant to CPLR 3124 and Mental Hygiene Law 33.13 seeking to compel the production of redacted medical records and behavioral assessments of the resident alleged to have assaulted claimant, the Court ordered  their production for an in camera review.
Score: 626 December 8, 2020 2020-038-582 : COLON v. THE STATE OF NEW YORK, # 2020-038-582, Claim No. 134921, Motion No. M-96003 M-96003
Defendant's motion to dismiss for lack of jurisdiction granted. Notice of intention failed to comply with substantive pleading requirements of Court of Claims Act § 11 (b) and thus was jurisdictionally defective and did not extend the time within which to file and serve the claim.
Score: 518 December 7, 2020 2020-041-046 : KEENAN v. THE STATE OF NEW YORK, # 2020-041-046, Claim No. NONE, Motion No. M-96044 M-96044
Application to file late claim is denied where allegations fail to provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 498 December 7, 2020 2020-041-047 : GREEN v. THE STATE OF NEW YORK, # 2020-041-047, Claim No. 132356, Motion No. M-96082 M-96082
Claimant's motion for reargument and renewal of his prior motion for summary judgment is denied.
Score: 626 December 4, 2020 2020-038-581 : BENNETT v. N.Y.S. DIVISION OF PAROLE, # 2020-038-581, Claim No. None, Motion No. M-95972 M-95972
Motion for late claim relief denied. Claimant failed to submit an affidavit addressing the factors laid out in Court of Claims Act § 10 (6), and the proposed claim was patently non-compliant with the substantive pleading requirements of Court of Claims Act § 11 (b) and thus jurisdictionally defective.
Score: 299 December 3, 2020 2020-038-579 : PEREZ v. THE STATE OF NEW YORK, # 2020-038-579, Claim No. 134954, Motion No. M-95916 M-95916
Defendant's motion to dismiss for lack of jurisdiction granted. Claim was improperly served on the Attorney General by regular, first-class mail.
Score: 626 December 3, 2020 2020-038-577 : N.B. v. THE STATE OF NEW YORK, # 2020-038-577, Claim No. 134996, Motion No. M-95913 M-95913
Defendant's motion to dismiss the claim granted. Claim failed to comply with the substantive pleading requirements of Court of Claims Act § 11 (b) with respect to the causes of action for denial of medical treatment and unlawful confinement, and it failed to state a cause of action for assault and battery.
Score: 659 December 3, 2020 2020-058-055 : SEAMANS v. STATE OF NEW YORK, # 2020-058-055, Claim No. NONE, Motion No. M-96055 M-96055
Renewed motion for permission to serve and file a late claim alleging a cause of action for medical malpractice denied; Movant's allegations of medical malpractice must be supported by an expert affidavit. Decision Pro se Movant Steven J. Seamans seeks permission to serve and file a late claim for
Score: 149 December 3, 2020 2020-038-580 : SYMONDS v. THE STATE OF NEW YORK, # 2020-038-580, Claim No. 128369, Motion No. M-95964 M-95964
Claimant's motion for summary judgment denied without prejudice to renewal. Claimant failed to append a copy of the pleadings to the moving papers.
Score: 475 December 2, 2020 2020-040-044 : WASHINGTON v. THE STATE OF NEW YORK, # 2020-040-044, Claim No. 133504, Motion No. M-95882 M-95882
Pro se Claimant's Motion for summary judgment denied. Motion not served upon Defendant.
Score: 570 December 2, 2020 2020-040-043 : NEWMAN v. THE STATE OF NEW YORK, # 2020-040-043, Claim No. 134911, Motion No. M-95835 M-95835
Pro se Claimant's Claim dismissed as Claim was served upon Defendant by regular mail, which is not in accord with CCA § 11(a)(i).
Score: 585 December 2, 2020 2020-040-042 : SMITH v. THE STATE OF NEW YORK, # 2020-040-042, Claim No. 134463, Motion No. M-95743 M-95743
Pro se Claimant's Claim dismissed as Claim was served upon Defendant by regular mail, which is not in accord with CCA § 11(a)(i).
Score: 687 December 2, 2020 2020-038-578 : COLEMAN v. THE STATE OF NEW YORK, # 2020-038-578, Claim No. 131889, Motion No. M-95899 M-95899
Claimant's motion for reargument of prior summary judgment motion denied. Claimant failed to demonstrate any matter of fact or law overlooked or misapprehended by the Court in connection with the prior decision and order.
Score: 537 December 1, 2020 2020-040-040 : HAYES v. THE STATE OF NEW YORK, # 2020-040-040, Claim No. NONE, Motion No. M-95785 M-95785
Pro se Movant's Motion to file a Claim late denied as he submitted only a Notice of Intention, not a Claim. The Notice of Intention was not verified.
Score: 626 December 1, 2020 2020-040-041 : HILL v. STATE OF NEW YORK, # 2020-040-041, Claim No. 134594, Motion Nos. M-95732, M-95805 M-95732, M-95805
State's Motion to dismiss granted as Court lacks subject matter jurisdiction. Claimant should have brought an Article 78 proceeding in Supreme Court.
Score: 570 December 1, 2020 2020-040-039 : DENTEL v. STATE OF NEW YORK, # 2020-040-039, Claim No. NONE, Motion No. M-95654 M-95654
Motion to file a late Notice of Intention to file a Claim denied. Only submitted a Notice of Intention. Not properly verified. Did not submit a proposed Claim.
Score: 236 November 30, 2020 2020-031-506 : WYZYKOWSKI v. THE STATE OF NEW YORK, # 2020-031-506, Claim No. 125390 
Claimant, who slipped and fell while ice skating at Defendant's facility failed to demonstrate that the skating surface was defective. Further, after allegedly noticing a defect in the ice herself assumed the risk of her actions by continuing to skate. Claim dismissed.
Score: 475 November 30, 2020 2020-038-575 : VEGA v. THE STATE OF NEW YORK, # 2020-038-575, Claim No. 133980, Motion No. M-95888 M-95888
Claimant's motion to compel discovery responses granted in part. Claimant's document demands do not appear material or unnecessary to his prosecution of the claim, and defendant has not responded to the motion or to the demand. Motion denied as unnecessary with respect to notice to admit, which is self-effecteation.
Score: 626 November 30, 2020 2020-038-576 : DOUGHTY v. STATE OF NEW YORK, # 2020-038-576, Claim No. 125298, Motion No. M-95844 M-95844
Motion by claimant's counsel for permission to file a retainer statement, nunc pro tunc , with the Office of Court Administration granted.
Score: 299 November 24, 2020 2020-031-504 : HARRIGER v. THE STATE OF NEW YORK, # 2020-031-504, Claim No. 126681 
Claimant awarded $2,000,000.00 for life altering injuries sustained in brutal assault.
Score: 388 November 20, 2020 2020-031-505 : PORTER REAL ESTATE v. THE STATE OF NEW YORK, # 2020-031-505, Claim No. 128831 
Appropriation Award: $75,202.00.
Score: 555 November 19, 2020 2020-058-052 : HASSAN v. STATE OF NEW YORK, # 2020-058-052, Claim No. 130340, Motion Nos. M-95054, M-95137, Cross-Motion No. CM-95198 M-95054, M-95137
Defendant's motion to dismiss, treated as one for summary judgment, granted; wet shower floor upon which Claimant allegedly slipped did not constitute a dangerous condition; Additionally, State is immune from liability for discretionary decisions relative to its showers; Claimant's motions to compel discovery and for leave to serve interrogatories denied as moot.
Score: 498 November 19, 2020 2020-015-091 : EL BEY v. THE STATE OF NEW YORK, # 2020-015-091, Claim No. 135211, Motion Nos. M-96024, M-96025 M-96024, M-96025
Claim arising from the service of an income execution warrant by the NYS Department of Taxation and Finance was dismissed for lack of jurisdiction.
Score: 704 November 19, 2020 2020-053-544 : BICKEL v. THE STATE OF NEW YORK, # 2020-053-544, Claim No. 134293, Motion Nos. M-95512, M-95742 M-95512, M-95742
Claimant's motion for permission to late file a notice of intention to file a claim a claim alleging wrongful confinement due to a false positive urinalysis test is denied. The State's motion to dismiss is granted as the claim is time barred and also fails to state a cause of action. 
Score: 670 November 17, 2020 2020-045-051 : HIDDEN PONDS HOME OWNERS ASSOCIATION v. THE STATE OF NEW YORK, # 2020-045-051, Claim No. 124911, Motion No. M-95497 M-95497
Claimant's EDPL 701 motion after appropriation trial to recover attorney fees, expert fees and other costs.
Score: 678 November 17, 2020 2020-038-572 : CGI v. THE STATE OF NEW YORK, # 2020-038-572, Claim No. 132590, Motion No. M-95716 M-95716
Defendant's motion for partial summary judgment on the issue of delay damages granted in part, to the extent that claimant's recovery for delay damages, if proven, will be limited to the amount allocated by the contract.
Score: 518 November 17, 2020 2020-015-086 : ALIAGA v. THE STATE OF NEW YORK, # 2020-015-086, Claim No. 129001, Motion No. M-94783 M-94783
Following an in camera review of documents compiled during the course of an investigation by the Office of Special Investigations, the Court addressed defendant's asserted grounds for withholding or redacting the documents, including the Personal Privacy Protection Law, the public interest privilege, the Privacy Rules adopted by HIPPA, and New York's physician-patient privilege.
Score: 637 November 16, 2020 2020-015-090 : BEST v. STATE OF NEW YORK, # 2020-015-090, Claim No. 134756, Motion No. M-95985 M-95985
Claim against a Village Justice and County Jail was dismissed for lack of jurisdiction.
Score: 299 November 16, 2020 2020-053-543 : DISSOTTLE v. THE STATE OF NEW YORK, # 2020-053-543, Claim No. 134284, Motion No. M-95632 M-95632
The State's motion to dismiss the claim of a pro se claimant alleging negligence and wrongful confinement to the Special Housing Unit due to errors in conducting a urinalysis test is granted. The Court ruled that the State's actions were quasi-judicial in nature and claimant failed to assert a violation of a regulation directly related to drug testing or the disciplinary process.
Score: 637 November 13, 2020 2020-040-038 : McDANIEL v. THE STATE OF NEW YORK, # 2020-040-038, Claim No. 124554 
Following Trial, Court finds Claimant failed to establish by a preponderance of the credible evidence that State was negligent regarding Claimant's trip and fall at the Empire State Plaza.
Score: 887 November 10, 2020 2020-040-037 : ABBOTT v. THE STATE OF NEW YORK, # 2020-040-037, Claim No. 125050 
Following Trial, the Court found Defendant 100% liable because it failed to properly and promptly diagnose Claimant's abdominal pain complaints as diverticulitis. Claimant awarded $550,000 for past and future damages.
Score: 659 November 10, 2020 2020-038-571 : TESSITORE v. STATE OF NEW YORK, # 2020-038-571, Claim No. 134991, Motion No. M-95843 M-95843
Defendant's motion to dismiss for failure to comply with the substantive pleading requirements of Court of Claims Act § 11(b) granted in part. Claim failed to sufficiently allege causes of action sounding in false arrest/imprisonment or malicious prosecution, but complied with § 11(b) with respect to causes of action for assault/battery and negligence.