New York State Court of Claims

New York State Court of Claims

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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: 648 September 14, 2017 2017-053-551 : HOUSER v. THE STATE OF NEW YORK, # 2017-053-551, Claim No. NONE, Motion No. M-90073 M-90073
Movant's motion seeking permission to file a late notice of intention to file a claim is treated as a motion for permission to late file a claim. Motion denied without prejudice to file a subsequent motion addressing the factors in Court of Claims Act 10 (6).
Score: 793 September 12, 2017 2017-032-046 : RIVERA v. THE STATE OF NEW YORK, # 2017-032-046, Claim No. 120113, Motion Nos. M-90793, CM-90905 M-90793, CM-90905
Claimant's motion for summary judgment is denied and defendant's cross-motion for summary judgment is granted as the correction officer acted outside the scope of his employment in assaulting claimant.
Score: 475 September 12, 2017 2017-041-065 : SCHUMAKER v. THE STATE OF NEW YORK, # 2017-041-065, Claim No. 128439, Motion No. M-90518, Cross-Motion No. CM-90604 M-90518
Claimant's motion to compel discovery in this dental malpractice claim arising from dental treatment following an inmate-on-inmate assault is granted as to photograph[s] of claimant's injured tooth, denied with respect to claimant's demand for a copy of the incident report of the alleged assault upon claimant by the fellow inmate and denied as to disclosure of claimant's mental health records; Defendant's cross-motion for a protective order is denied.
Score: 648 September 11, 2017 2017-029-060 : MANSOUR-MOHAMED v. THE STATE OF NEW YORK, # 2017-029-060, Claim No. 126382 
The claim seeks damages for serious injuries sustained by the front seat passenger in a single-car accident occurring on January 18, 2015, when the car skidded on ice, crossed over the curb and left the road. At the bifurcated trial on liability, claimant asserted negligence based on the State's decision to include traversable curbing as an element of its design for the reconstruction of the Taconic by the Bear Mountain extension exit. The court found defendant not liable because claimant failed to establish prima facie that the design decision was plainly inadequate, made without adequate study or lacked a reasonable basis.
Score: 570 September 11, 2017 2017-040-120 : SMITH v. THE STATE OF NEW YORK, # 2017-040-120, Claim No. 129530, Motion No. M-90665 M-90665
Claimant's motion denied as no notice of motion or cross-motion included with papers in contravention of CPLR 2214 and 2215 and Uniform Rules for the Court of Claims 206.8(a). In any event, if motion was properly commenced, it would be denied. If it is a 10(6) motion, Claimant failed to address statutory factors and, if it is a motion to amend, it is denied as a jurisdictionally defective claim cannot be cured through amendment.
Score: 347 September 11, 2017 2017-038-560 : SCOTT v. THE STATE OF NEW YORK, # 2017-038-560, Claim No. 128820, Motion No. M-90174 M-90174
Defendant's default in responding to motion to compel answers to interrogatories is construed as a concession that claimant's interrogatories were unobjectionable, and claimant's motion is granted. That part of claimant's motion seeking sanctions is denied as claimant has not demonstrated that defendant's failure to respond to interrogatories was intended to prolong or delay resolution of the claim.
Score: 449 September 11, 2017 2017-038-561 : DOZIER v. STATE OF NEW YORK, # 2017-038-561, Claim No. None, Motion No. M-90329 M-90329
Motion for late claim relief denied as untimely. Motion papers did not demonstrate that continued dental treatment qualified as
Score: 570 September 7, 2017 2017-038-558 : MAY v. STATE OF NEW YORK, # 2017-038-558, Claim No. None, Motion No. M-90470 M-90470
Motion for late claim relief denied without prejudice. Motion was not accompanied by proposed claim.
Score: 475 September 7, 2017 2017-041-064 : LOPEZ v. THE STATE OF NEW YORK, # 2017-041-064, Claim No. 123923, Motion No. M-89813 M-89813
Defendant's motion for summary judgment dismissing medical malpractice claim is denied where affidavit of claimant's expert raises triable issues of fact.
Score: 659 September 6, 2017 2017-041-063 : BOULA v. THE STATE OF NEW YORK, # 2017-041-063, Claim No. 129386, Motion Nos. M-90249, M-90575 M-90249, M-90575
Defendant's motion to dismiss wrongful confinement claim served on Attorney General multiple times is decided as follows: Service of unverified claim upon Attorney General by regular mail is insufficient to obtain jurisdiction over defendant; service of verified claim by regular mail is insufficient to obtain jurisdiction over defendant; claim served on Attorney General by certified mail, return receipt requested, within two years of accrual, is sufficient to grant jurisdiction over defendant where claimant served a timely notice of intention to file a claim.
Score: 388 September 6, 2017 2017-038-557 : MAY v. STATE OF NEW YORK, # 2017-038-557, Claim No. 129570, Motion No. M-90331 M-90331
Defendant's motion to dismiss due to service of claim by regular mail granted.
Score: 626 August 31, 2017 2017-053-548 : DESTINO v. THE STATE OF NEW YORK, # 2017-053-548, Claim No. 119498, Motion No. M-90703 M-90703
The State's motion for summary judgment alleging that NYS Trooper did not act with reckless disregard as set forth in Vehicle & Traffic Law 1104 as a matter of law is denied as numerous questions of fact exist.
Score: 420 August 31, 2017 2017-032-043 : DRAKEFORD v. THE STATE OF NEW YORK, # 2017-032-043, Claim No. 128589, Motion No. M-90402 M-90402
Defendant's motion for summary judgement is granted and the claim, which alleges damages due to defendant's delay in sending claimant her pension check, is dismissed as there is no material issue of fact requiring trial of the action.
Score: 744 August 30, 2017 2017-032-142 : CLARKE v. THE STATE OF NEW YORK, # 2017-032-142, Claim No. 128061, Motion No. M-90149 M-90149
The claim is dismissed for failure to state a claim under Court of Claims Act 8-b.
Score: 299 August 30, 2017 2017-053-547 : SMITH v. THE STATE OF NEW YORK, # 2017-053-547, Claim No. 128932, Motion No. M-89947 M-89947
Claimant's motion for summary judgment on his bailment claim is denied, as well as his motion seeking an order striking defendant's answer.
Score: 648 August 29, 2017 2017-041-059 : STEVENS v. THE STATE OF NEW YORK, # 2017-041-059, Claim No. NONE, Motion No. M-90537 M-90537
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: 793 August 25, 2017 2017-029-051 : ARAGONA v. THE STATE OF NEW YORK and THE NEW YORK STATE THRUWAY AUTHORITY, # 2017-029-051, Claim No. 108576 
The claim by 105 claimants residing in households near Interstate 84 and Route 6 in the Town of Greenville, Orange County, pleads negligence, nuisance and trespass arising from alleged contamination of domestic well water with road salt used by New York State and the New York State Thruway Authority (
Score: 388 August 24, 2017 2017-038-553 : WHITE v. STATE OF NEW YORK, # 2017-038-553, Claim No. 122197, Motion No. M-86391 M-86391
Claimant's motion to compel production of assailant's mental health records denied. In camera review reveals nothing in the records that is relevant to the issue of defendant's prior notice of the possibility of the assault on claimant. Interest of justice does not significantly outweigh need for confidentiality.
Score: 815 August 24, 2017 2017-038-555 : FAMILY & EDUCATIONAL CONSULTANTS v. NEW YORK STATE INSURANCE FUND, # 2017-038-555, Claim No. None, Motion No. M-90211 M-90211
Defendant's motion for leave to reargue granted, and upon reargument, Court adhered to prior decision. Court did not overlook or misapprehend any law or facts when deciding that claim for overpayment of workers' compensation premiums was a claim for money damages over which the Court of Claims has jurisdiction, and not a proceeding seeking review of an administrative proceeding that should have been brought in Supreme Court pursuant to CPLR article 78.
Score: 299 August 24, 2017 2017-054-001 : WATERS v. THE STATE OF NEW YORK, # 2017-054-001, Claim No. 124487 
Misbehavior report held to be sufficiently specific in wrongful confinement claim.
Score: 648 August 24, 2017 2017-038-554 : DANFORD v. THE STATE OF NEW YORK, # 2017-038-554, Claim No. None, Motion Nos. M-88621, M-89629 M-88621, M-89629
Claimant's motions for late claim relief and pre-action disclosure denied. Claim does not have appearance of merit, and documents sought in discovery are material and necessary, and are obtainable by claimant elsewhere.
Score: 347 August 22, 2017 2017-038-108 : STEWART v. THE STATE OF NEW YORK, # 2017-038-108, Claim No. 119864 
Claim dismissed after trial. Claimant testified that he was denied recreation while in Involuntary Protective Custody. CO testified that he refused recreation. Credibility issue determined in defendant's favor, and claim dismissed for failure of proof by a preponderance of the evidence.
Score: 347 August 21, 2017 2017-018-827 : FERGUSON v. STATE OF NEW YORK, # 2017-018-827, Claim No. 122526, Motion No. M-90239, Cross-Motion No. CM-90296 M-90239
Claimants' summary judgment motion is denied, and Labor Law 240 (1) cause of action dismissed, 27 inch height differential and injury not covered by statutes. Defendant's summary judgment granted for section 200, questions of fact on section 241 (6).
Score: 744 August 18, 2017 2017-032-007 : BENEFIELD v. THE STATE OF NEW YORK, # 2017-032-007, Claim No. 125326 
Following a trial, claimant's discrimination, retaliation, and hostile work environment claims are dismissed upon his failure to prove his case by a preponderance of the credible evidence.
Score: 555 August 17, 2017 2017-053-006 : QUICK v. THE STATE OF NEW YORK, # 2017-053-006 , Claim No. 122817 
After a trial on liability, the State was found to have acted negligently in failing to issue claimant a permit for a lower bunk. The State is 100% liable for claimant's injuries resulting from his fall from an upper bunk.
Score: 600 August 16, 2017 2017-041-056 : MERRITT v. THE STATE OF NEW YORK, # 2017-041-056, Claim No. NONE, Motion No. M-90387 M-90387
Application to file late medical malpractice claim is denied where, pursuant to Court of Claims Act 10 (6),
Score: 585 August 16, 2017 2017-038-552 : McPHILLIPS v. THE STATE OF NEW YORK, # 2017-038-552, Claim No. 121137, Motion No. M-89849 M-89849
Motion to dismiss claim as untimely granted. Claim for libel accrued on the date of initial publication by defendant and not on any subsequent date of republication.
Score: 236 August 16, 2017 2017-041-057 : ANDERSON v. THE STATE OF NEW YORK, # 2017-041-057, Claim No. 122301, Motion No. M-90491 M-90491
Claim is dismissed for failure to prosecute pursuant to CPLR 3216.
Score: 420 August 15, 2017 2017-045-507 : TATE v. THE STATE OF NEW YORK, # 2017-045-507, Claim No. 125911 
Defendant made a motion to dismiss the Claim for failure to prosecute the Claim based upon Claimant's failure to appear for trial.
Score: 420 August 15, 2017 2017-045-506 : HARRIS v. THE STATE OF NEW YORK, # 2017-045-506, Claim No. 124956 
Defendant made a motion to dismiss the Claim for failure to prosecute the Claim based upon Claimant's failure to appear for trial.
Score: 347 August 15, 2017 2017-045-505 : KNUDSON v. THE STATE OF NEW YORK, # 2017-045-505, Claim No. 124724 
Defendant made a motion to dismiss the Claim for failure to prosecute the Claim based upon Claimant's failure to appear for trial.
Score: 626 August 15, 2017 2017-040-115 : MILLS v. THE STATE OF NEW YORK, # 2017-040-115, Claim No. 129787, Motion No. M-90718 M-90718
State's Motion to Dismiss granted as Notice of Intention untimely served and Claim untimely served and filed.
Score: 388 August 15, 2017 2017-040-113 : PATTERSON v. THE STATE OF NEW YORK, # 2017-040-113, Claim No. 128331, Motion No. M-90663 M-90663
Pro se Claimant's Motion to Amend Claim granted.
Score: 600 August 15, 2017 2017-040-112 : HAHN v. THE STATE OF NEW YORK, # 2017-040-112, Claim No. 128622, Motion No. M-90541 M-90541
State's Motion to dismiss granted as Claim not properly verified.
Score: 420 August 15, 2017 2017-045-508 : SOUMARE v. THE STATE OF NEW YORK, # 2017-045-508, Claim No. 127259 
Score: 648 August 15, 2017 2017-040-114 : ROUGHT v. THE STATE OF NEW YORK, # 2017-040-114, Claim No. 121400, Motion No. M-90558 M-90558
State's Motion to Dismiss granted as both the Notice of Intention and Claim were served by regular mail.
Score: 420 August 14, 2017 2017-040-111 : INEGBENEBO v. THE STATE OF NEW YORK, # 2017-040-111, Claim No. 126881, Motion No. M-90619 M-90619
Counsel's Motion for leave to withdraw as Claimant's counsel granted.
Score: 449 August 14, 2017 2017-041-509 : SABUNCU v. THE STATE OF NEW YORK, # 2017-041-509, Claim No. 123615 
Claim alleging that defendant failed to timely respond to an inmate-on-inmate assault is dismissed after trial where claimant failed to prove by a preponderance of the credible evidence that defendant responded to the assault in a negligently delayed manner.
Score: 537 August 10, 2017 2017-029-053 : MASON v. THE STATE OF NEW YORK, # 2017-029-053, Claim No. 125234 
Claimant was injured when her car collided with a State police car in the process of pursuing a minor traffic violator across the southbound lanes of the Taconic. After a bifurcated trial on liability only, the court found the State trooper driving the police vehicle acted with
Score: 570 August 9, 2017 2017-040-109 : MITCHELL v. THE STATE OF NEW YORK, # 2017-040-109, Claim No. 114814, Motion No. M-90492 M-90492
State's Motion to Dismiss granted as State is not the correct Defendant and Court lacks jurisdiction over proper Defendant, the County of Westchester.
Score: 744 August 9, 2017 2017-040-107 : SMITH v. THE STATE OF NEW YORK, # 2017-040-107, Claim No. 129530, Motion No. M-90399 M-90399
State's Motion to dismiss on basis that Claimant failed to comply with the service and timeliness requirements of CCA 10(3) & 11 granted.
Score: 722 August 9, 2017 2017-040-110 : HALL v. THE STATE OF NEW YORK, # 2017-040-110, Claim No. 128482, Motion No. M-90317 M-90317
State's Motion to Dismiss on the basis the Claim was untimely served upon Defendant granted.
Score: 498 August 9, 2017 2017-045-035 : BROWN v. THE STATE OF NEW YORK, # 2017-045-035, Claim No. 129583, Motion No. M-90363 M-90363
Defendant's motion to dismiss pro se inmate claim for assault. Claim served four years after incident.
Score: 696 August 9, 2017 2017-040-108 : ALPERT v. THE STATE OF NEW YORK, # 2017-040-108, Claim No. NONE, Motion No. M-90315 M-90315
Motion for permission to serve and file a Claim late granted.
Score: 475 August 8, 2017 2017-040-098 : NELSON v. THE STATE OF NEW YORK, # 2017-040-098, Claim No. 115699 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-102 : DANIEL v. THE STATE OF NEW YORK, # 2017-040-102, Claim No. 117086 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 570 August 8, 2017 2017-015-256 : Kampfer v. THE STATE OF NEW YORK, # 2017-015-256, Claim No. 127576, Motion No. M-90649 M-90649
Claim alleging the Department of Health and the NY Market Place overestimated a tax credit for health benefits was dismissed for lack of subject matter jurisdiction.
Score: 475 August 8, 2017 2017-040-093 : NELSON v. THE STATE OF NEW YORK, # 2017-040-093, Claim No. 119001 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-094 : MORRIS v. THE STATE OF NEW YORK, # 2017-040-094, Claim No. 120759 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.