New York State Court of Claims

New York State Court of Claims

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Score: 648 July 18, 2019 2019-038-565 : CGI v. THE STATE OF NEW YORK, # 2019-038-565, Claim No. 132590, Motion No. M-93979 M-93979
Score: 299 July 15, 2019 2019-040-058 : STALLONE v. THE STATE OF NEW YORK, # 2019-040-058, Claim No. 120811, Motion No. M-94102 M-94102
Pro se Claimant's discovery motion denied as moot as Defendant responded to a discovery request.
Score: 704 July 15, 2019 2019-032-043 : WEBB v. THE STATE OF NEW YORK, # 2019-032-043, Claim No. 127630, Motion No. M-93070 M-93070
Defendant's motion for summary judgment is denied. The Court rejects the parties' arguments as to governmental immunity and finds that the actions of SUNY Albany's Office of Residential Life employees were proprietary in nature. Issues of fact remain precluding summary judgment.
Score: 670 July 12, 2019 2019-029-047 : FULLER v. THE STATE OF NEW YORK, # 2019-029-047, Claim No. 119476 
The claim alleged that two nurses at Upstate University Hospital negligently lifted the deceased after his heart bypass surgery in 2009, causing the wire closing his sternum to break. The claim by the deceased's surviving spouse sought damages for injuries resulting from the nurses' alleged negligence, and not for the patient's death in 2013. After a trial on liability (Midey, J.), the court (Mignano, J.) found the State not liable and dismissed the claim.
Score: 744 July 11, 2019 2019-053-012 : YORKE v. STATE OF NEW YORK, # 2019-053-012, Claim No. 126189 
Following a trial on the issue of damages, the Court determined that claimant suffered a complete tear of the rotator cuff as a direct result of the 2015 motor vehicle accident and that the treating surgeon's testimony established that claimant sustained a serious injury within the meaning of Insurance Law 5102 (d).The Court awarded claimant $300,000, consisting of $150,000 for past pain and suffering and $150,000 for future pain and suffering.
Score: 347 July 9, 2019 2019-041-503 : JONES v. THE STATE OF NEW YORK, # 2019-041-503, Claim No. 123345 
Inmate claim alleging assault by multiple correction officers is dismissed after trial where claimant's testimony alleging a coordinated, premeditated, unprovoked, retaliatory, and targeted assault involving a vicious, several-minute session of punching, kicking and stomping lacked credibility in view of claimant's injuries and prior inconsistent descriptions of the assault and in view of credible contradictory testimony and documentary evidence offered by defendant.
Score: 388 July 9, 2019 2019-054-051 : HARPER v. THE STATE OF NEW YORK, # 2019-054-051, Claim No. 127419 
Bench trial, inmate slip and fall, claimant's testimony alone did not establish defendant's liability for claimant's accident.
Score: 236 July 8, 2019 2019-015-163 : FOX v. THE STATE OF NEW YORK, # 2019-015-163, Claim No. 126746 
Pro se inmate failed to establish at trial that the use of chemical agents to extract him from his cell was excessive or the manner in which he was transported to the mental health unit was negligent.
Score: 347 July 5, 2019 2019-015-164 : MITCHELL v. THE STATE OF NEW YORK, # 2019-015-164, Claim No. 125954, Motion No. M-94103 M-94103
Claimant, a pro se inmate in the custody of the Department of Corrections and Community Supervision, failed to establish at trial that the denial of his request for hormone replacement therapy was a deviation from the applicable standard of care.
Score: 613 July 3, 2019 2019-040-052 : LUCAS v. THE STATE OF NEW YORK, # 2019-040-052, Claim No. 125279, Motion No. M-93779 M-93779
State's Motion to dismiss granted as Claimant failed to serve the Claim upon Defendant.
Score: 420 July 3, 2019 2019-040-049 : OLDHAM v. STATE OF NEW YORK, # 2019-040-049, Claim No. 125034, Motion No. M-93855 M-93855
Pro se Claimant's Motion to compel denied as Claimant failed to establish he served Defendant with a discovery demand.
Score: 498 July 2, 2019 2019-032-504 : SHEILS v. THE STATE OF NEW YORK, # 2019-032-504, Claim No. 127599 
Following a trial on liability, the Court finds that claimant failed to establish by a preponderance of the credible evidence that excessive force was used against him.
Score: 149 July 2, 2019 2019-015-165 : BRUNNER v. THE STATE OF NEW YORK, # 2019-015-165, Claim No. 126437 
Pro se inmate's confinement to his cell on keeplock status pending the completion of a disciplinary determination was privileged although he was found not guilty of the charges.
Score: 347 July 2, 2019 2019-015-162 : MOHAMMAD v. STATE OF NEW YORK, # 2019-015-162, Claim No. 125538 
Following trial, claimant failed to establish the use of excessive force.
Score: 299 July 2, 2019 2019-015-159 : GREEN v. STATE OF NEW YORK, # 2019-015-159, Claim No. 128214, Motion No. M-94031 M-94031
Pro se inmate's motion for the issuance of trial subpoenas was granted in part and denied in part.
Score: 475 July 1, 2019 2019-045-017 : DIPOLITO v. THE STATE OF NEW YORK, # 2019-045-017, Claim No. 130965, Motion No. M-93112 M-93112
Defendant's motion pursuant to 22 NYCRR Part 1200 disqualifying claimant's law firm from representing any of the claimants due to a conflict of interest between the driver of the boat and his wife and daughter who were passengers on the boat.
Score: 299 July 1, 2019 2019-015-158 : GREEN v. STATE OF NEW YORK, # 2019-015-158, Claim No. 127056, Motion No. M-94030 M-94030
Pro se claimant's motion for the issuance of trial subpoenas was granted to the limited extent of requiring the defendant to provide certified copies of his medical records and to produce the treating physician's assistant for trial.
Score: 518 June 28, 2019 2019-015-154 : RAFI v. STATE OF NEW YORK, # 2019-015-154, Claim No. 129154, Motion No. M-94020 M-94020
Unopposed motion for dismissal of the claim on the ground it was not served on the Attorney General was granted and the claim dismissed.
Score: 475 June 28, 2019 2019-041-036 : FLOWERS v. THE STATE OF NEW YORK, # 2019-041-036, Claim No. 131169, Motion No. M-93598, Cross-Motion No. CM-93835 M-93598
Defendant's motion to dismiss claim in lieu of answer is granted where untimely claim is barred by Court of Claims Act 10 (3) and (3-b) and fails to state a cause of action.
Score: 236 June 28, 2019 2019-041-034 : RUGGIERO v. THE STATE OF NEW YORK, # 2019-041-034, Claim No. 121004, Motion No. M-93864 M-93864
Claimant's application for trial preference based upon the claim being an action against state and in the interests of justice is denied.
Score: 537 June 28, 2019 2019-015-161 : RIVERA v. STATE OF NEW YORK, # 2019-015-161, Claim No. 126298, Motion No. M-93920 M-93920
Defendant's dismissal motion was granted based on the improper service of the claim.
Score: 518 June 28, 2019 2019-015-160 : BLOODYWONE v. THE STATE OF NEW YORK, # 2019-015-160, Claim No. 128722, Motion No. M-94021 M-94021
Unserved claim was dismissed on motion.
Score: 347 June 28, 2019 2019-015-157 : ROGERS v. THE STATE OF NEW YORK, # 2019-015-157, Claim No. 127246, Motion No. M-94022 M-94022
Claimant's motion for the assignment of counsel was denied.
Score: 555 June 28, 2019 2019-015-156 : PARDO v. STATE OF NEW YORK, # 2019-015-156, Claim No. 128043, Motion No. M-94018 M-94018
Unserved claim was dismissed on motion without opposition.
Score: 585 June 26, 2019 2019-038-564 : MYRICK v. THE STATE OF NEW YORK, # 2019-038-564, Claim No. 123764, Motion No. M-94047 M-94047
Defendant's motion to dismiss claim for lack of verification granted. Defendant demonstrated that it rejected unverified claim on the same day the claim was served, and its objection or defense to the unverified claim was asserted with particularity in the verified answer.
Score: 585 June 26, 2019 2019-038-563 : MYRICK v. STATE OF NEW YORK, # 2019-038-563, Claim No. 123765, Motion No. M-94046 M-94046
Defendant's motion to dismiss claim for lack of verification granted. Defendant demonstrated that it rejected unverified claim on the same day the claim was served, and its objection or defense to the unverified claim was asserted with particularity in the verified answer.
Score: 585 June 26, 2019 2019-038-561 : MYRICK v. THE STATE OF NEW YORK, # 2019-038-561, Claim No. 123766, Motion No. M-94044 M-94044
Defendant's motion to dismiss for lack of verification granted. Defendant demonstrated that it rejected unverified claim on the same day the claim was served, and its objection or defense to the unverified claim was asserted with particularity in the verified answer.
Score: 570 June 26, 2019 2019-038-560 : MYRICK v. THE STATE OF NEW YORK, # 2019-038-560, Claim No. 123768, Motion No. M-94043 M-94043
Defendant's motion to dismiss claim as untimely granted. Notice of intention failed to specify an accrual date and thus did not extend the time to serve and file the claim.
Score: 585 June 26, 2019 2019-038-559 : MYRICK v. THE STATE OF NEW YORK, # 2019-038-559, Claim No. 123769, Motion No. M-94042 M-94042
Defendant's motion to dismiss the claim for lack of verification granted. Defendant demonstrated that it rejected unverified claim on the same day the claim was served, and its objection or defense to the unverified claim was asserted with particularity in the verified answer.
Score: 475 June 26, 2019 2019-038-105 : MATTHEWS v. THE STATE OF NEW YORK, # 2019-038-105, Claim No. 127583 
Defendant was negligent and is liable to claimant and claimant's comparative negligence was also a proximate cause of his accident and injury.
Score: 518 June 26, 2019 2019-032-503 : ANDINO v. THE STATE OF NEW YORK, # 2019-032-503, Claim No. 125361 
Following a trial on liability only, the Court dismisses the claim. Claimant failed to show that defendant acted negligently in failing to remedy a dangerous condition, namely a puddle of water in the corridor of Eastern Correctional Facility. Although defendant's employee had actual notice of the dangerous condition, he did not have a reasonable amount of time to remedy the dangerous condition, as only five minutes elapsed between when he noticed the puddle and when claimant fell. During that time, the employee directed inmate porters to retrieve a mop and a caution sign and the employee remained in the area of the puddle to direct inmates around it. The Court finds both of these actions reasonable under the circumstances.
Score: 670 June 26, 2019 2019-029-040 : JORDAN v. THE STATE OF NEW YORK, # 2019-029-040, Claim No. 129510 
The claim alleged that New York State was negligent when a State-owned van struck the riding lawn mower claimant was standing on at the side of West Clarkstown Road in New City, resulting in claimant's injuries. Evidence presented at the liability trial showed that the van driver was using her cell phone at the time of the accident. The court found claimant 25% liable and defendant 75% liable for claimant's damages.
Score: 585 June 26, 2019 2019-038-562 : MYRICK v. STATE OF NEW YORK, # 2019-038-562, Claim No. 123767, Motion No. M-94045 M-94045
Defendant's motion to dismiss claim for lack of verification granted. Defendant demonstrated that it rejected unverified claim on the same day the claim was served, and its objection or defense to the unverified claim was asserted with particularity in the verified answer.
Score: 626 June 24, 2019 2019-032-040 : PEREZ v. THE STATE OF NEW YORK, # 2019-032-040, Claim No. None, Motion No. M-93464 M-93464
Movant's late claim application is denied.
Score: 648 June 24, 2019 2019-032-041 : CASS v. THE STATE OF NEW YORK, # 2019-032-041, Claim No. None, Motion No. M-93322 M-93322
Movant's motion for permission to file and serve a late claim is denied.
Score: 555 June 24, 2019 2019-032-038 : D'ATTORE v. THE STATE OF NEW YORK, # 2019-032-038, Claim No. 120740, Motion No. M-93661 M-93661
Claimant's motion to renew/reargue is denied.
Score: 585 June 21, 2019 2019-038-557 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-038-557, Claim No. None, Motion No. M-93760 M-93760
Claimant's motion for late claim relief granted in part; factors weighed in favor of granting motion with respect to only one of two alleged causes of action.
Score: 555 June 21, 2019 2019-054-046 : WORD v. THE STATE OF NEW YORK, # 2019-054-046, Claim No. 131356, Motion No. M-93982 M-93982
Claimant seeks a remedy the Court cannot provide and is cautioned about frivolous and sanctionable motion practice.
Score: 570 June 21, 2019 2019-032-039 : MCGILL v. THE STATE OF NEW YORK, # 2019-032-039, Claim No. None, Motion No. M-93465 M-93465
Movant's motion for permission to file and serve a late claim is denied for movant's failure to attach a proposed claim to the moving papers.
Score: 798 June 21, 2019 2019-040-045 : CASEY v. OLYMPIC REGIONAL DEVELOPMENT AUTHORITY and THE STATE OF NEW YORK, # 2019-040-045, Claim No. 126115 
Court finds that Claimant failed to establish by a preponderance of the credible evidence that Defendants were negligent in connection with Claimant's skiing accident.
Score: 626 June 21, 2019 2019-053-521 : JACKSON v. THE STATE OF NEW YORK, # 2019-053-521, Claim No. 123911, Motion No. M-93757 M-93757
The State's motion to dismiss and for summary judgment is granted in part and denied in part.The Court dismissed the pro se inmate's claims for lost property pursuant to Court of Claims Act 10 (9) and his constitutional claims. The Court denied the State's motion as to claimant's causes of action for medical negligence and/or medical malpractice.
Score: 637 June 20, 2019 2019-054-047 : MC GEE v. THE STATE OF NEW YORK, # 2019-054-047, Claim No. 132316, Motion No. M-93883 M-93883
Claim dismissed, claim not sufficiently specific, Court does not have jurisdiction over federal constitutional claims and a state constitutional claim will not be implied.
Score: 149 June 20, 2019 2019-038-554 : CALDWELL v. THE STATE OF NEW YORK, # 2019-038-554, Claim No. 129165, Motion No. M-93856 M-93856
Claimant's motion for summary judgment denied for failing to include a copy of the pleadings with in his motion per CPLR 3212 (b).
Score: 236 June 20, 2019 2019-038-555 : COLEMAN v. THE STATE OF NEW YORK, # 2019-038-555, Claim No. 131889, Motion No. M-93846 M-93846
Claimant's motion to compel discovery granted in part and denied in part. Defendant failed to make the required evidentiary showing that disclosure of certain photographs was privileged or posed a risk to institutional safety and security and is required to produce the demanded photographs within 30 days, or, in the alternative, to move for a protective order accompanied by an affidavit of a person with personal knowledge. Claimant's motion denied in all other respects on the grounds that defendant cannot be compelled to produce documents that do not exist or create documents in order to comply with a discovery demand.
Score: 299 June 20, 2019 2019-054-045 : WEEKS v. THE STATE OF NEW YORK, # 2019-054-045, Claim No. 131804, Motion No. M-93941 M-93941
Summary judgment motion denied in inmate med mal claim due to lack of medical evidence.
Score: 475 June 20, 2019 2019-038-556 : EVANS v. THE STATE OF NEW YORK, # 2019-038-556, Claim No. 130028, Motion No. M-93889 M-93889
Defendant's motion for a protective order denied. Defendant failed to demonstrate that disclosure of information related to prison protocols regarding assaults in recreational areas would pose a threat to safety and security, but disclosure is limited to protocols in existence on the day of the alleged assault.
Score: 555 June 20, 2019 2019-038-104 : KELLY v. STATE OF NEW YORK, # 2019-038-104, Claim No. 129988 
Score: 449 June 20, 2019 2019-041-032 : HEYLIGER v. THE STATE OF NEW YORK, # 2019-041-032, Claim No. 130110, Motion Nos. M-93810, M-93811 M-93810, M-93811
Claimant's motion (M-93810) for an order permitting service of subpoena on inmates for deposition testimony is denied as procedurally and substantively defective; claimant's motion (M-93811) for an order pursuant to CPLR 3108 to take written questions of inmates is denied as procedurally defective.
Score: 678 June 19, 2019 2019-038-550 : KELLY v. STATE OF NEW YORK, KELLY S. McKEIGHAN, ALBERT J. CAPROOD, # 2019-038-550, Claim No. None, Motion No. M-93724 M-93724
Motion for late claim relief denied. The claim lacked the appearance of merit, and claimant otherwise failed to satisfy his burden of demonstrating that the factors in Court of Claims Act 10 (6) weighed in his favor.
Score: 728 June 19, 2019 2019-038-552 : RAMSEY v. THE STATE OF NEW YORK, # 2019-038-552, Claim No. 120674, Motion No. M-93529 M-93529
Claimant's motion to enforce a judgment and for costs and sanctions granted in part to the extent that the Office of the Attorney General is sanctioned in the amount of $250.00 and denied in all other respects.