New York State Court of Claims

New York State Court of Claims

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Score: 555 November 4, 2020 2020-038-565 : DiVALENTINO v. THE STATE OF NEW YORK, # 2020-038-565, Claim No. None, Motion No. M-95566 M-95566
Late claim motion denied. Claimant failed to demonstrate a reasonable excuse for the delay in filing the claim or establish the appearance of merit, and conceded he had another remedy available.
Score: 537 November 4, 2020 2020-041-042 : GUARNERI v. THE STATE OF NEW YORK, # 2020-041-042, Claim No. 134742, Motion No. M-95988 M-95988
Defendant's motion to dismiss claim in lieu of answer is granted where Court lacks jurisdiction over unverified claim and further lacks jurisdiction over claim alleging negligent acts/omissions of officers/employees of the counties of Albany and Schoharie, respectively, rather than the State of New York.
Score: 420 November 4, 2020 2020-041-043 : GONZALEZ v. THE STATE OF NEW YORK, # 2020-041-043, Claim No. NONE, Motion No. M-95949 M-95949
Application to file late claim is denied where medical malpractice cause of action is unsupported by expert medical opinion or admissible medical records.
Score: 626 November 2, 2020 2020-038-564 : BLOUNT v. THE STATE OF NEW YORK, # 2020-038-564, Claim No. 128074, Motion No. M-95549 M-95549
Claimant's motion to compel defendant to disclose personnel records of former correction officer granted on the ground that they are relevant and necessary to the prosecution of this claim.
Score: 687 October 23, 2020 2020-058-044 : BLACKSHEAR v. STATE OF NEW YORK, # 2020-058-044, Claim No. 127312 
Claim alleging wrongful confinement dismissed after trial for lack of subject matter jurisdiction; Claim requires review of the propriety of the Department of Corrections and Community Supervision's (DOCCS) determination to run Claimant's three prison disciplinary penalties consecutively as opposed to concurrently and to deny Claimant's grievance challenging same.
Score: 449 October 16, 2020 2020-028-539 : THE OTHER HEIGHTS, LLC v. THE STATE OF NEW YORK, # 2020-028-539, Claim No. 122616, Motion No. M-95417 M-95417
Score: 678 October 15, 2020 2020-041-035 : KEITT v. THE STATE OF NEW YORK, # 2020-041-035, Claim No. NONE, Motion No. M-95793 M-95793
Claimant is granted permission to file and serve late claim where allegations of proposed claim provide cause to believe a cause of action based upon defendant's alleged negligence in failing to adequately protect inmate-claimant from assault by fellow inmate may exist.
Score: 299 October 15, 2020 2020-028-538 : HENRY v. THE STATE OF NEW YORK, # 2020-028-538, Claim No. 134425, Motion No. M-95794 M-95794
Score: 737 October 13, 2020 2020-053-538 : PETERSON v. STATE OF NEW YORK, # 2020-053-538, Claim No. 120381, Motion No. M-95734, Cross-Motion No. CM-95735 M-95734
In a claim alleging that claimant, a visitor at a correctional facility, was assaulted by a correction officer as she was exiting the visitor area, the State and the claimant both filed motions for summary judgment on the issue of liability. The State's motion was granted, in part, dismissing the third cause of action for negligent hiring, training and supervision. The State's motion was denied on other grounds as the Court determined that the description of the location in the Notice of Intention was sufficiently definite and the factors to be applied pursuant to the Court of Appeals decision in Rivera v State of New York raised issues of fact as to whether the correction officer was acting within the scope of her employment. Claimant's cross-motion for summary judgment was denied.
Score: 585 October 9, 2020 2020-038-559 : PINTO v. HON. TERRY WILHELM AND THE STATE OF NEW YORK, # 2020-038-559, Claim No. 134562, Motion No. M-95736 M-95736
Defendant's pre-answer motion to dismiss granted in part. Causes of action sounding in federal constitutional tort dismissed for lack of jurisdiction, and cause of action sounding in intentional infliction of emotional distress dismissed as untimely. Cause of action for negligent infliction of emotion distress survives inasmuch as defendant failed to address that cause of action in the motion.
Score: 449 October 9, 2020 2020-028-535 : CLARKE v. THE STATE OF NEW YORK , # 2020-028-535, Claim No. NONE, Motion No. M-95752 M-95752
Score: 626 October 8, 2020 2020-058-031 : J.L.B. v. QUINEVERE MCANNEY, # 2020-058-031, Claim No. 133989, Motion Nos. M-95079,M-95358 M-95079,M-95358
Motion to dismiss Claim alleging sexual misconduct against individual granted; the Claim solely alleges wrongful conduct committed by an individual in a personal and individual capacity and fails to state how the State was responsible for or involved in the alleged wrongdoing; Court's order to show cause vacated. Decision Pro se Claimant J.L.B. (2) filed this Claim pursuant to the Child Victims Act on November 18, 2019. The Claim alleges that Defendant Quinevere McAnney, an alleged employee of the Department of Corrections and Community Supervision, among other things, sexually abused Claimant in or about June 1992, while he was a minor. No answer to the Claim has been filed. By Order to Show Cause, dated January 2, 2020 and filed on January 8, 2020, the Court noted that Claimant may have failed to comply with the service requirements of Section 11 of the Court of Claims Act (M-95079). (3) Consequently the Court, directed the parties to submit, in writing, a statement relating to service of this Claim, making reference to and including copies of any relevant documentary evidence regarding service. The Order to Show Cause also stated that, if the State wished to assert that the Claim was not served on the New York State Attorney General, it should submit a sworn statement to that effect from
Score: 744 October 8, 2020 2020-058-043 : BRADSHAW v. THE STATE OF NEW YORK, # 2020-058-043, Claim No. NONE, Motion No. M-95472 M-95472
Motion for permission to file a late claim alleging various state constitutional torts denied. Decision Movant Jay Bradshaw, an inmate in custody of the Department of Corrections and Community Supervision (DOCCS), seeks permission to serve and file a late claim pursuant to Court of Claims Act § 10 (6) for
Score: 737 October 8, 2020 2020-058-042 : BRADSHAW v. THE STATE OF NEW YORK, # 2020-058-042, Claim No. NONE, Motion No. M-95414 M-95414
Motion for permission to file a late claim alleging state constitutional tort denied.
Score: 696 October 8, 2020 2020-058-041 : WILSON v. STATE OF NEW YORK, # 2020-058-041, Claim No. 132281, Motion No. M-95468 M-95468
Motion to dismiss the Claim granted; claim was served by regular mail and, additionally, Claimant failed to notify the Clerk in writing of any changes in his post office address within 10 days thereof as is required by the Uniform Rules of the Court of Claims (22 NYCRR) § 206.6 (f).
Score: 149 October 8, 2020 2020-038-558 : BOWMAN v. THE STATE OF NEW YORK, # 2020-038-558, Claim No. 134541, Motion No. M-95609 M-95609
Claimant's motion to compel responses to discovery demands denied as premature.
Score: 570 October 8, 2020 2020-041-033 : AYALA-GONZALEZ v. THE STATE OF NEW YORK, # 2020-041-033, Claim No. 133660, Motion No. M-95574, Cross-Motion No. CM-95727 M-95574
Claimant's motion for reargument and/or renewal of his prior motion, which resulted in decision and order which granted in part and denied in part claimant's motion to dismiss certain of defendant's defenses, is denied; defendant's cross-motion to dismiss claimant's assault and battery cause of action as untimely is granted.
Score: 388 October 8, 2020 2020-028-533 : TORRES v. THE STATE OF NEW YORK, # 2020-028-533, Claim No. 134346, Motion No. M-95684 M-95684
Score: 388 October 7, 2020 2020-038-557 : N.B. v. THE STATE OF NEW YORK, # 2020-038-557, Claim No. None, Motion No. M-95581 M-95581
Motion for late claim relief denied. Claimant failed to identify a single proposed late claim. Motion for assignment of counsel denied as moot.
Score: 347 October 6, 2020 2020-038-556 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2020-038-556, Claim No. 132872, Motion No. M-95600 M-95600
Claimant's motion for leave to amend the claim denied for failure to include the proposed amended claim.
Score: 475 October 5, 2020 2020-041-032 : WELCH v. THE STATE OF NEW YORK, SCHENECTADY COUNTY, et al, # 2020-041-032, Claim No. NONE, Motion No. M-95804 M-95804
Application to file late claim is denied where acts and omissions set forth in proposed claim allege a claim, if any, solely against the County of Schenectady rather than the State of New York, and the Court accordingly lacks jurisdiction.
Score: 600 October 5, 2020 2020-038-555 : RIVERA v. THE STATE OF NEW YORK, # 2020-038-555, Claim No. 134517, Motion No. M-95598 M-95598
Defendant's motion to dismiss for lack of jurisdiction and failure to state a cause of action granted.
Score: 648 October 1, 2020 2020-041-031 : CUMMINGS v. THE STATE OF NEW YORK, # 2020-041-031, Claim No. 133212, Motion No. M-95125 M-95125
Defendant's motion to dismiss claim as untimely because notice of intention to file claim was not served upon the Attorney General by either personal service or by certified mail, return receipt requested, as required by Court of Claims Act 11 (a) (i), is granted after Traverse Hearing.
Score: 347 September 29, 2020 2020-031-502 : EDWARDS REALTY v. THE STATE OF NEW YORK, # 2020-031-502, Claim No. 126085 
Score: 236 September 28, 2020 2020-028-531 : NAZIR v. THE STATE OF NEW YORK, # 2020-028-531, Claim No. 131722, Motion No. M-95464, Cross-Motion No. CM-95647 M-95464
Score: 687 September 28, 2020 2020-045-047 : BANCHS v. THE STATE OF NEW YORK, # 2020-045-047, Claim No. 134328, Motion No. M-95476 M-95476
Defendant's motion to dismiss the claim.
Score: 449 September 28, 2020 2020-028-530 : HUNTINGTON v. THE STATE OF NEW YORK, # 2020-028-530, Claim No. 134544, Motion No. M-95547 M-95547
Score: 449 September 23, 2020 2020-028-526 : ZOSYA v. THE STATE OF NEW YORK, # 2020-028-526, Claim No. NONE, Motion No. M-95317 M-95317
Score: 299 September 23, 2020 2020-028-524 : WHITE v. THE STATE OF NEW YORK, # 2020-028-524, Claim No. 130797, Motion No. M-95614 M-95614
Score: 236 September 23, 2020 2020-028-525 : PATTERSON v. THE STATE OF NEW YORK, # 2020-028-525, Claim No. 133453, Motion No. M-95068 M-95068
Score: 475 September 17, 2020 2020-058-040 : SEAMANS v. STATE OF NEW YORK, # 2020-058-040, Claim No. NONE, Motion No. M-95608 M-95608
Motion for permission to serve and file late claim denied without prejudice with leave to renew; motion papers, including the proposed claim, filed with the Chief Clerk were not served upon the Attorney General.
Score: 670 September 17, 2020 2020-058-039 : ROESCH v. STATE OF NEW YORK, # 2020-058-039, Claim No. 132512, Motion No. M-95698 M-95698
Motion to dismiss the claim granted; Notice of Intention, served by regular mail, did not extend Claimant's time to serve and file the claim and Claimant failed to timely serve the Claim in accordance with Court of Claims Act §§ 10 (3), (3-b) and 11.
Score: 696 September 17, 2020 2020-058-038 : PEARSON v. STATE OF NEW YORK, # 2020-058-038, Claim No. 133621, Motion No. M-94986, Cross-Motion No. CM-95333 M-94986
Defendant's cross motion for summary judgment dismissing the claim granted; Court lacks jurisdiction over claim challenging Claimant's placement in the Step Down Program at Mid-State Correctional Facility; Claimant's motion for summary judgment denied.
Score: 420 September 15, 2020 2020-031-501 : CARTER v. THE STATE OF NEW YORK, # 2020-031-501, Claim No. 126695 
Score: 555 September 15, 2020 2020-038-554 : BLOUNT v. THE STATE OF NEW YORK, # 2020-038-554, Claim No. 128074, Motion No. M-95549 M-95549
Claimant's motion to compel disclosure of correction officer's personnel records held in abeyance pending submission of the records for in camera review.
Score: 236 September 11, 2020 2020-038-553 : ANDERSON v. STATE OF NEW YORK, # 2020-038-553, Claim No. 131617, Motion No. M-95521 M-95521
Score: 600 September 10, 2020 2020-038-552 : WINDLEY v. THE STATE OF NEW YORK, # 2020-038-552, Claim No. 131082, Motion No. M-95490 M-95490
Claimant's motion to compel response to interrogatories granted on default. Claimant's request for sanctions denied, as defendant's failure to respond to interrogatories does not constitute frivolous conduct.
Score: 678 September 8, 2020 2020-045-045 : CARLSON v. THE STATE OF NEW YORK, # 2020-045-045, Claim No. 134178, Motion No. M-95587 M-95587
Claimant's late claim motion due to insufficient location in original notice of intention and claim.
Score: 555 September 8, 2020 2020-038-550 : POULOS v. THE STATE OF NEW YORK, # 2020-038-550, Claim No. 134372, Motion No. M-95320 M-95320
Defendant's pre-answer motion to dismiss the claim granted. Claimant failed to comply with the service requirements of Court of Claims Act §11 (a) (i).
Score: 299 September 3, 2020 2020-041-027 : GREEN v. THE STATE OF NEW YORK, # 2020-041-027, Claim No. 132356, Motion No. M-95478 M-95478
Claimant's motion for summary judgment is denied where claimant's conclusory supporting affidavit simply echoes allegations of claim and thus fails to satisfy claimant's initial burden to show entitlement to judgment as a matter of law.
Score: 236 September 3, 2020 2020-041-028 : WALKER v. THE STATE OF NEW YORK, # 2020-041-028, Claim No. 134087, Motion No. M-95696 M-95696
Inmate wrongful confinement claim is dismissed for failure to state a cause of action where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in disciplinary determination which was administratively reversed.
Score: 728 September 3, 2020 2020-053-011 : MATTER v. THE STATE OF NEW YORK, # 2020-053-011, Claim No. 129115 
In a trial on the issue of liability only, the State's motion to dismiss the amended claim at the conclusion of claimant's proof was granted. The Court ruled that the State is not liable for the discretionary acts of its governmental officials.
Score: 236 September 2, 2020 2020-015-072 : RIVERA v. STATE OF NEW YORK, # 2020-015-072, Claim No. 129284, Motion No. M-95751 M-95751
Score: 518 September 2, 2020 2020-015-073 : MAHMOOD v. THE STATE OF NEW YORK, # 2020-015-073, Claim No. 134432, Motion No. M-95631 M-95631
Claim was dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b).
Score: 420 August 31, 2020 2020-015-071 : HALL v. THE STATE OF NEW YORK, # 2020-015-071, Claim No. NONE, Motion No. M-95560 M-95560
Motion for late claim relief was denied as movant failed to submit sworn facts in support of his motion and the proposed claim was unverified.
Score: 347 August 31, 2020 2020-041-025 : SANTOS v. THE STATE OF NEW YORK, # 2020-041-025, Claim No. 128706, Motion No. M-95537 M-95537
Claimant's motion for permission to serve and file amended claim is granted where amendment simply amplifies allegations of claim and amendment would not prejudice the defendant.
Score: 475 August 28, 2020 2020-045-044 : KOCUR v. THE STATE OF NEW YORK, # 2020-045-044, Claim No. None, Motion No. M-95572 M-95572
Claimant's late claim motion denied due to failure to submit proposed claim.
Score: 449 August 28, 2020 2020-053-530 : JORDAN v. THE STATE OF NEW YORK, # 2020-053-530, Claim No. 133707, Motion No. M-95683 M-95683
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-531 : McCANN v. THE STATE OF NEW YORK, # 2020-053-531, Claim No. 133695, Motion No. M-95704 M-95704
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 498 August 28, 2020 2020-053-536 : GIBBONS v. THE STATE OF NEW YORK, # 2020-053-536, Claim No. 133516, Motion No. M-95685 M-95685
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Claimants' motion to strike two affirmative defenses is granted as to the State's affirmative defense of culpable conduct and denied as to claimant's alleged failure to utilize a seatbelt. Vehicle driven by claimant was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.