New York State Court of Claims

New York State Court of Claims

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Score: 388 October 21, 2019 2019-015-195 : BROOKS v. THE STATE OF NEW YORK, # 2019-015-195, Claim No. 127751, Motion No. M-94671 M-94671
Pro se inmate's request for a subpoena duces tecum to obtain documents in the defendant's possession was granted to the extent of requiring the defendant to produce the documents at the time of trial.
Score: 518 October 11, 2019 2019-029-079 : PICKETT v. THE STATE OF NEW YORK, # 2019-029-079, Claim No. 128015 
The State was previously found 100% liable for the unconstitutional detention of claimants. After a trial on damages, the court awarded claimants $120,000 plus interest for purely emotional harm.
Score: 498 October 10, 2019 2019-015-188 : RAMOS v. THE STATE OF NEW YORK, # 2019-015-188, Claim No. 127041-A, 128018 
Following video trial, Court found pro se inmate failed to establish either the use of excessive force or medical malpractice or negligence.
Score: 537 October 10, 2019 2019-029-078 : WHALEY v. THE STATE OF NEW YORK, # 2019-029-078, Claim No. 130729 
The pro se claim by an inmate alleged injuries caused by negligence of the medical staff at Bedford Hills Correctional Facility in failing to remove sutures in claimant's wrist after surgery to drain a ganglion cyst. After a video trial, the court found defendant not liable for negligence as claimant needed, but failed, to submit expert testimony to prove causation.
Score: 498 October 9, 2019 2019-038-593 : FORBES v. STATE OF NEW YORK, # 2019-038-593, Claim No. 125520, Motion No. M-94584 M-94584
Defendant's motion to dismiss the claim for lack of jurisdiction granted. Claim was improperly served by regular first class mail.
Score: 518 October 8, 2019 2019-054-084 : WASHINGTON v. THE STATE OF NEW YORK, # 2019-054-084, Claim No. 129565 
Inmate bailment claim. State found liable for claimant's loss of his property.
Score: 149 October 7, 2019 2019-038-596 : ROBERTS v. THE STATE OF NEW YORK, # 2019-038-596, Claim No. 125532, Motion No. M-94615 M-94615
Defendant's motion for summary judgment denied. Defendant failed to submit any of the pleadings, including its own answer.
Score: 537 October 7, 2019 2019-038-595 : RICHINS v. STATE OF NEW YORK, # 2019-038-595, Claim No. 125525, Motion No. M-94587 M-94587
Defendant's motion to compel claimant to served expert disclosures by a date certain and to dismiss the claim if he fails to comply denied. Defendant failed to served claimant with a request for expert disclosure prior to make the instant motion, and in any event, the claim cannot be dismissed on that basis at this stage of the litigation.
Score: 555 October 7, 2019 2019-059-015 : LOPEZ v. THE STATE OF NEW YORK, # 2019-059-015, Claim No. 128583, Motion No. M-94348 M-94348
Score: 613 October 7, 2019 2019-038-594 : GAJADHAR v. THE STATE OF NEW YORK, # 2019-038-594, Claim No. 121461, Motion No. M-94430 M-94430
Defendant's motion to dismiss the claim as untimely is denied. Defendant moved for identical relief in a previous motion and is barred by the
Score: 498 October 3, 2019 2019-038-592 : ANTROBUS v. STATE OF NEW YORK, # 2019-038-592, Claim No. 125516, Motion No. M-94583 M-94583
Defendant's motion to dismiss the claim for lack of jurisdiction due to improper method of service (regular mail) held in abeyance pending submissions from the parties as to whether defendant was served with the amended claim.
Score: 149 October 2, 2019 2019-015-189 : SMITH v. STATE OF NEW YORK, # 2019-015-189, Claim No. 126875 
Pro se inmate claim alleging negligent supervision was dismissed following a remote video trial.
Score: 347 October 2, 2019 2019-015-190 : HALL v. THE STATE OF NEW YORK, # 2019-015-190, Claim No. 125245 
Pro se inmate was awarded damages plus interest on his bailment claim.
Score: 347 September 30, 2019 2019-054-079 : WALLACE v. THE STATE OF NEW YORK, # 2019-054-079, Claim No. 121439 
Claim dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action ( see Court of Claims Act, § 19 [3]; 22 NYCRR § 206.10 [g])
Score: 696 September 27, 2019 2019-038-113 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-113, Claim No. 125351 
Score: 420 September 24, 2019 2019-058-009 : COLSON v. THE STATE OF NEW YORK, # 2019-058-009, Claim No. 127552 
Claim for wrongful confinement dismissed after trial on the ground that Claimant failed to establish his confinement was not privileged.
Score: 626 September 23, 2019 2019-041-059 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-041-059, Claim No. 128356, Motion No. M-94085 M-94085
Defendant's motion to dismiss claim for lack of subject matter jurisdiction because it fails to adequately state the nature of the claim, as required by Court of Claims Act 11 (b), and fails to state a cause of action, is granted.
Score: 570 September 20, 2019 2019-045-028 : CAMARANO v. THE STATE OF NEW YORK, # 2019-045-028, Claim No. 132591, Motion Nos. M-93555, M-93828 M-93555, M-93828
Defendant's motion to dismiss claim due to service by regular mail. Claimant's motion for a preliminary injunction and a temporary restraining order.
Score: 420 September 20, 2019 2019-038-588 : MOREAU v. STATE OF NEW YORK(1) , # 2019-038-588, Claim No. 125396, Motion No. M-94446 M-94446
Claimant's motion, insofar as it can be construed as a motion to dismiss jurisdictional defenses or a motion seeking summary judgment, denied for failure to append a copy of the pleadings.
Score: 626 September 18, 2019 2019-038-112 : GARMLEY v. THE STATE OF NEW YORK, # 2019-038-112, Claim No. 129218 
Score: 388 September 18, 2019 2019-038-587 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-587, Claim No. 125351, Motion No. M-94371 M-94371
Defendant's motion to dismiss denied as unnecessary. Claimant's submission, styled as a supplemental claim, merely contained argument in support of the claim.
Score: 449 September 17, 2019 2019-058-006 : BAYNE v. THE STATE OF NEW YORK, # 2019-058-006, Claim No. 133169, Motion No. M-94299 M-94299
Defendant's Motion pursuant to CPLR 3211 and Court of Claims Act § 11 (b) granted; Claimant failed to allege any specific negligent act committed by the State that precipitated his injuries
Score: 449 September 16, 2019 2019-029-072 : ELY v. THE STATE OF NEW YORK, # 2019-029-072, Claim No. 126282, Motion No. M-94433 M-94433
The claim seeks damages for injuries from fall resulting from cane collapsing at Taconic C.F. The court granted, in part, claimant's motion to sanction defendant for spoliation based on loss of the broken cane, to the extent of drawing an adverse inference that the missing cane would not support defendant's position at trial. The motion was otherwise denied.
Score: 498 September 13, 2019 2019-038-586 : H.S. v. THE STATE OF NEW YORK, # 2019-038-586, Claim No. 132135, Motion Nos. M-94366, M-94388 M-94366, M-94388
Claimant's motions seeking an extension of time to file a reply to defendant's answer denied. The answer asserts no counterclaims and a reply is not authorized.
Score: 637 September 13, 2019 2019-058-002 : BEVEL v. THE STATE OF NEW YORK, # 2019-058-002, Claim No. NONE, Motion No. M-93886 M-93886
Motion for permission to serve and file a late Claim pursuant to Court of Claims Act § 10(6) denied
Score: 722 September 13, 2019 2019-040-091 : COUTURE v. THE STATE OF NEW YORK, # 2019-040-091, Claim No. 130323, Motion No. M-94282 M-94282
Motion to Dismiss on basis Claimant failed to timely serve the Claim in accordance with CCA §§ 10(3) & 11(a)(i) granted.
Score: 626 September 12, 2019 2019-053-015 : DEERING v. THE STATE OF NEW YORK, # 2019-053-015, Claim No. 123256 
After a bifurcated trial on the issue of liability, the Court found that the State had actual notice of the presence of a dangerous condition at the access road intersection where the motor vehicle accident occurred.  Although the State had recommended closure of the access road three years prior to the subject accident, it failed to erect a temporary closure to remedy it until the project could be completed.  The Court found that there was an unjustifiable delay by the State in implementing a remedial plan to address the safety deficiencies.  Liability was apportioned 50% against the State and 50% against the claimant driver.
Score: 555 September 12, 2019 2019-040-092 : MOSBY v. STATE OF NEW YORK, # 2019-040-092, Claim No. 121105, Motion No. M-94322 M-94322
Motion to withdraw as counsel granted.
Score: 347 September 11, 2019 2019-059-011 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-011, Claim No. 130084 
Score: 518 September 11, 2019 2019-053-543 : MAGNO v. THE STATE OF NEW YORK, # 2019-053-543, Claim No. 131696, Motion No. M-94203 M-94203
The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. Claimant's counsel did not file a notice of intention and filed and served the claim more than 90 days after accrual.
Score: 420 September 11, 2019 2019-053-542 : O'KIEFFE v. STATE OF NEW YORK, # 2019-053-542, Claim No. 125740, Motion No. M-94205 M-94205
The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. The pro se claimant did not file a notice of intention and failed to serve the Attorney General with a copy of the claim.
Score: 600 September 11, 2019 2019-059-010 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-010, Claim No. 130083 
Score: 555 September 11, 2019 2019-018-056 : AGNESS v. STATE OF NEW YORK, # 2019-018-056, Claim No. 123203 
Damages trial granting award for pain, suffering, and lost wages after summary judgment finding State liable for injuries Claimant sustained when he was attacked by a rabid fox.
Score: 585 September 11, 2019 2019-040-088 : FREEMAN v. STATE OF NEW YORK, # 2019-040-088, Claim No. 125686, Motion No. M-94380 M-94380
Motion to Dismiss Claim for failure to properly serve Claim upon Defendant granted.
Score: 626 September 10, 2019 2019-038-584 : BARRY v. JAMES LAMANNA 'WILLIAM M. BEERS.' JOHN J. TECLE.' 'SERGEANT.' THE STATE OF NEW YORK, # 2019-038-584 , Claim No. 133223, Motion No. M-94350, Cross-Motion No. CM-94491 M-94350
Defendant's motion to dismiss the claim for untimely service on the Attorney General granted. Claimant conceded that the notice of intention failed tom comply with the pleading requirements of Court of Claims Act § 11 (b) and it was therefore insufficient to extend the time to file the claim. Claimant's cross motion for late claim relief denied without prejudice. Claimant failed to attach a copy of the proposed claim to the motion.
Score: 149 September 10, 2019 2019-015-187 : HASSAN v. THE STATE OF NEW YORK, # 2019-015-187, Claim No. NONE, Motion No. M-94405 M-94405
Motion for late claim relief was adjourned to permit defendant to respond.
Score: 347 September 10, 2019 2019-038-585 : WRIGHT v. THE STATE OF NEW YORK, # 2019-038-585, Claim No. 132904, Motion No. M-94156 M-94156
Defendant's motion to dismiss on jurisdictional grounds granted. The claim was served by ordinary mail, not CMRRR.
Score: 498 September 6, 2019 2019-053-539 : BRADY v. THE STATE OF NEW YORK, # 2019-053-539, Claim No. 128170, Motion No. M-94208 M-94208
The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. The pro se claimant served the Attorney General with a copy of the claim by regular mail and not by certified mail, return receipt requested. In addition, the claim failed to set forth a date when the alleged claim accrued.
Score: 809 September 6, 2019 2019-038-582 : PINE v. THE STATE OF NEW YORK, # 2019-038-582, Claim No. 132813, Motion Nos. M-94385, M-94386 M-94385, M-94386
Claimant's motion to strike affirmative defenses denied. Claimant failed to demonstrate that the defenses lacked merit as a matter of law. Defendant's motion to dismiss claim for lack of subject matter jurisdiction granted in part and denied in part. The Greene County District Attorney is not a State officer and the claim against it cannot be brought in the Court of Claims. The Greene County Clerk was acting as a State officer because it was serving in its capacity as the clerk of the Green County Court when it allegedly failed to amend a felony indictment improperly naming claimant as the defendant.
Score: 449 September 5, 2019 2019-045-024 : SANDERS v. THE STATE OF NEW YORK, # 2019-045-024, Claim No. 132221, Motion No. M-93602, Cross-Motion No. CM-93603 M-93602
Defendant's motion to dismiss pro se inmate's claim due to service by regular mail, however claimant timely re-served the Claim by certified mail, return receipt requested and thus the claim was not dismissed.
Score: 449 September 5, 2019 2019-059-009 : CHEVALIER v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES ROAD TEST EXAMINER #702 , # 2019-059-009, Claim No. 133094-A 
Score: 570 September 5, 2019 2019-058-001 : BUTLER v. THE STATE OF NEW YORK, # 2019-058-001, Claim No. 121941, Motion No. M-93269 M-93269
Motion to compel discovery granted in part; informal request for sanctions denied
Score: 388 September 4, 2019 2019-038-111 : GALLOWAY v. STATE OF NEW YORK, # 2019-038-111, Claim No. 128472 
Claim for assault and battery dismissed after trial. Claimant failed to prove by a preponderance of the credible evidence that he was subjected to an assault and battery by defendant's agents while acting withing the scope of their employment.
Score: 861 August 30, 2019 2019-053-536 : ARCE v. CHAUTAUQUA COUNTY FAMILY COURT, JOHN S. WIENCEK, MICHAEL F. GRIFFITH, # 2019-053-536, Claim No. 132855, Motion No. M-93775, Cross-Motion No. CM-93948 M-93775
Pro se claimant's motion to amend claim is denied and the defendants' cross motion to dismiss the claim is granted and the claim is dismissed. Claimant's amended claim sought to review Family Court orders of support.  Court of Claims has no authority to determine or review proceedings or rulings of other courts nor does it have jurisdiction over claims against the individually named defendants.
Score: 388 August 30, 2019 2019-041-057 : MOSBY v. THE STATE OF NEW YORK, # 2019-041-057, Claim No. 115977, Motion No. M-94376 M-94376
Claim is dismissed for failure to prosecute pursuant to CPLR 3216.
Score: 347 August 29, 2019 2019-038-581 : C.G. v. THE STATE OF NEW YORK, # 2019-038-581, Claim No. 131938, Motion No. M-94243 M-94243
Claimant's motion to compel discovery denied as premature. Claimant failed to demonstrate that a discovery demand was previously served on defendant.
Score: 299 August 29, 2019 2019-015-185 : THOMPSON v. THE STATE OF NEW YORK, # 2019-015-185, Claim No. 132735, Motion No. M-94329 M-94329
Pro se inmate's motion for summary judgment on his claim for wrongful confinement was denied and, upon searching the record, defendant was granted summary judgment dismissing the claim. The regulation relied upon to support the claim was not a due process safeguard and required the exercise of discretion for which the defendant is immune from liability.
Score: 347 August 28, 2019 2019-015-186 : ANAND v. THE STATE OF NEW YORK, # 2019-015-186, Claim No. 129898, 129899, Motion No. M-94400 M-94400
Pro se claimant's motion for the issuance of subpoenas to compel the attendance of witnesses and documents at trial was denied as the defendant agreed to produce the witness and materials that claimant demonstrated were material and necessary to the prosecution of his claim. Subpoenas were therefore unnecessary.
Score: 678 August 27, 2019 2019-053-535 : CRISALLI v. THE STATE OF NEW YORK, # 2019-053-535, Claim No. NONE, Motion No. M-93909 M-93909
Pro se inmate's motion for permission to late file claim is denied as all of the factors to be considered weighed against movant's motion.
Score: 449 August 26, 2019 2019-059-004 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-004, Claim No. 133093-A, Motion No. M-94272 M-94272