New York State Court of Claims

New York State Court of Claims

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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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 757 September 16, 2021 2021-040-046 : PIERCE v. THE STATE OF NEW YORK, # 2021-040-046, Claim No. 134131 
Claim dismissed pursuant to Uniform Rules for the Court of Claims § 206.10(g) for failure to appear at a Court conference.
Score: 347 September 16, 2021 2021-059-053 : CUELLAR v. THE STATE OF NEW YORK, # 2021-059-053, Claim No. 135824, Motion No. M-97075 M-97075
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.
Score: 659 September 16, 2021 2021-054-037 : D.T. v. THE STATE OF NEW YORK, # 2021-054-037, Claim No. 127541 
Claim of assault by psychiatric facility aide dismissed due to photographs and credibility of witnesses.
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: 498 September 15, 2021 2021-054-040 : NEWELL v. STATE OF NY DEPARTMENT OF TRANSPORTATION, # 2021-054-040, Claim No. 136330, Motion No. M-96883 M-96883
Motion ot dismiss granted - claim did not allege wrongdoing by the State and State is not required to assemble of ferret out info which claimant is required to allege
Score: 388 September 15, 2021 2021-015-089 : MAHMOOD v. THE STATE OF NEW YORK, # 2021-015-089, Claim No. 134510, Motion Nos. M-97019, M-97113, Cross-Motion No. CM-97055 M-97019, M-97113
Defendant's cross motion to dismiss the claim as untimely and for a lack of verification was granted and the claim was dismissed. Claimant's motion for emergency funds and summary judgement in his favor were denied as moot.
Score: 347 September 15, 2021 2021-059-052 : ARRIAGA v. THE STATE OF NEW YORK, # 2021-059-052, Claim No. 131370, Motion No. M-96738 M-96738
Score: 388 September 14, 2021 2021-015-087 : MAHMOOD v. STATE OF NEW YORK, # 2021-015-087, Claim No. 136290, Motion Nos. M-97013, M-97014, M-97015, M-97016 M-97013, M-97014, M-97015, M-97016
Pro se claimant's multiple motions for emergency relief, to reopen his claim and to renew the prior motions dismissing his claim were all denied.
Score: 555 September 14, 2021 2021-053-544 : PB-28 DOE v. STATE OF NEW YORK and NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, # 2021-053-544, Claim No. 136560, Motion No. M-97085 M-97085
Claimant sought leave by Order to Show Cause to proceed under a pseudonym in this claim brought under the provisions of the Child Victims Act. 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: 347 September 14, 2021 2021-015-088 : MAHMOOD v. THE STATE OF NEW YORK, # 2021-015-088, Claim No. 134432, Motion Nos. M-97017, M-97018 M-97017, M-97018
Pro se claimant's motion to renew prior Order dismissing claim and for emergency funds was denied.
Score: 637 September 13, 2021 2021-058-043 : BUCHMANN v. STATE OF NEW YORK, # 2021-058-043, Claim No. 131744 
After liability trial, claim alleging medical malpractice and a derivative loss of consortium claim dismissed; The adverse reaction suffered by Claimant from the placement of an IV was not the result of any negligence by Defendant in failing to properly sterilize her hand.
Score: 299 September 10, 2021 2021-059-055 : BILLUPS v. THE STATE OF NEW YORK, # 2021-059-055, Claim No. 134770, Motion No. M-96153 M-96153
Score: 776 September 10, 2021 2021-051-029 : MCDONALD v. STATE OF NEW YORK , # 2021-051-029, Claim No. 136311, Motion No. M-96833 M-96833
Defendant's pre-answer motion to dismiss 8-b wrongful conviction claim denied. Claimant sufficiently pled her innocence and that her actions did not contribute to her conviction. In addition, the records attached sufficiently demonstrated she was sentenced to a period of incarceration and served a portion of her sentence.
Score: 570 September 10, 2021 2021-059-049 : JOHNSON v. THE STATE OF NEW YORK, # 2021-059-049, Claim No. 135978, Motion No. M-96683 M-96683
Score: 637 September 10, 2021 2021-059-050 : GIORDANO v. THE STATE OF NEW YORK, # 2021-059-050, Claim No. 134982, Motion No. M-96740 M-96740
Score: 704 September 9, 2021 2021-051-028 : SHEEHAN v. STATE OF NEW YORK, # 2021-051-028, Claim No. 136170, Motion No. M-96785, Cross-Motion No. CM-96830 M-96785
Defendant's pre-answer motion to dismiss tort claim arising from a motor vehicle accident on a state road granted on the grounds that both the notice of intent and claim failed to properly identify the location of the accident or specify the nature of the claim. Claimants' cross motion to amend the claim was denied because a jurisdictionally deficient claim cannot be amended. Claimants' cross motion for permission to serve a late claim denied without prejudice since the factors on the proof submitted do not weigh in their favor.
Score: 648 September 9, 2021 2021-058-032 : POWELL v. STATE OF NEW YORK, # 2021-058-032, Claim No. NONE, Motion No. M-96930 M-96930
Motion seeking permission to serve and file a late claim for wrongful confinement denied.
Score: 670 September 8, 2021 2021-038-102 : GALLOWAY v. STATE OF NEW YORK, # 2021-038-102, Claim No. 128472 
On remittal, claim for assault and battery dismissed. The Court credited claimant's trial testimony that he was subjected to a premeditated and unprovoked attack by multiple correction officers and found that claimant thus had failed to prove by a preponderance of the credible evidence that defendant's employees were acting within the scope of their employment at that time.
Score: 626 September 7, 2021 2021-040-044 : SCHMIDT v. STATE OF NEW YORK; P. DAVID SOARES, ALBANY COUNTY DISTRICT ATTORNEY, # 2021-040-044, Claim No. NONE, Motion No. M-97026 M-97026
Motion for permission to serve and file a Claim late pursuant to CCA § 10(6) denied as Court lacks jurisdiction over Albany County DA.
Score: 498 September 7, 2021 2021-040-043 : SEIFELNASR v. THE STATE OF NEW YORK, # 2021-040-043, Claim No. 136273, Motion No. M-96924 M-96924
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 600 September 7, 2021 2021-040-042 : BELLOISI v. THE STATE OF NEW YORK, # 2021-040-042, Claim No. 133887, Motion No. M-96676 M-96676
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 648 September 7, 2021 2021-040-045 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2021-040-045, Claim No. 132831, Motion No. M-96956 M-96956
Pro se Claimant's Motion for Reargument/Renewal denied.
Score: 585 September 3, 2021 2021-058-039 : HARRIENGER v. STATE OF NEW YORK, # 2021-058-039, Claim No. 127859 
After trial, Defendant found 100% liable for the death of a patient at St. Lawrence Psychiatric Center. Defendant failed to protect the patient from a reasonably foreseeable assault perpetrated by another patient at the facility.