New York State Court of Claims |
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Your query court returned 50 results.
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September 26, 2018 | 2018-015-166 : MYERS v. THE STATE OF NEW YORK, # 2018-015-166, Claim No. 121690, Motion No. M-92456 M-92456 Claimant's motion to compel discovery was denied except to the extent of requiring the exchange of certain witness information and a privilege log. |
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September 26, 2018 | 2018-015-164 : PETERKIN v. THE STATE OF NEW YORK, # 2018-015-164, Claim No. NONE, Motion No. M-91965 M-91965 Motion for leave to serve and file a late claim alleging defamation and breach of contract was granted. Absent discovery, privilege issues could not be definitively determined. |
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September 25, 2018 | 2018-015-130 : SALCE v. STATE OF NEW YORK, # 2018-015-130, Claim No. 126391 Claim alleging wrongful conviction was dismissed following a trial as the claimant failed to meet her burden of establishing by clear and convincing evidence that she was innocent of the crimes charged. |
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September 25, 2018 | 2018-015-160 : DEVAUGHN v. THE STATE OF NEW YORK, # 2018-015-160, Claim No. NONE, Motion No. M-92347 M-92347 Pro se inmate's late claim application was denied as he failed to allege the essential elements of a cause of action for wrongful confinement or a date of accrual. |
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September 24, 2018 | 2018-029-090 : GRAHAM v. THE STATE OF NEW YORK, # 2018-029-090, Claim No. 129322 After a video trial, the court granted defendant's motion to dismiss the pro se claim where claimant failed to establish a prima facie case of medical malpractice or medical negligence by staff at Bedford Hills Correctional Facility. Claimant did not offer testimony from a medical expert, or other expert evidence, to establish the standard of care or accepted practices of other medical professionals in the field. |
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September 24, 2018 | 2018-029-089 : TAYLOR v. THE STATE OF NEW YORK, # 2018-029-089, Claim No. 129680 After a video trial of the pro se bailment claim, the court found defendant liable for negligent bailment of claimant's property at Bedford Hills Correctional Facility and awarded claimant damages in the amount of $98. |
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September 20, 2018 | 2018-038-113 : DRAX v. STATE OF NEW YORK, # 2018-038-113, Claim No. 122317 Defendant's motion to dismiss medical negligence claim at the conclusion of claimant's proof reserved upon at trial, granted thereafter. The claim and the proof adduced at trial support allegations of doctor's failure to exercise medical skill and judgment, issues that implicate matters not within the knowledge of a lay person thus requiring expert testimony, which claimant did not offer. |
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September 20, 2018 | 2018-038-582 : DAVIS v. THE STATE OF NEW YORK, # 2018-038-582, Claim No. 131314, Motion No. M-92400, Cross-Motion No. CM-92480 M-92400 Defendant's motion to dismiss claim for lost property denied. The claim specifically recites the items lost by defendant, and requests damages in a specified amount. Court of Claims Act § 11 (b) does not require more, in particular, the claim need not allege the specific value of each piece of personal property. |
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September 20, 2018 | 2018-054-092 : GEICO A/S/O FISHER v. THE STATE OF NEW YORK, # 2018-054-092, Claim No. 131610, Motion No. M-92572 M-92572 Motion denied, service improper. |
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September 20, 2018 | 2018-038-112 : EASTWOOD v. THE STATE OF NEW YORK, # 2018-038-112, Claim No. 122300 Defendant's motion to dismiss medical negligence claim at the conclusion of claimant's proof reserved upon at trial, granted thereafter. Proof offered by claimant on the issues of doctor's failure to exercise medical skill and judgment in performing the correct surgical procedure and in directing proper instructions following the surgery, that a nurse practitioner was negligent in discontinuing claimant's pain medication and should have removed his sutures sooner, that claimant should have been provided a wheelchair upon discharge from the infirmary, that defendant's agents were negligent in failing to transmit claimant's complete surgical history to the physical therapists and that physical therapists were negligent because they relied upon an incomplete surgical history are all issues that implicate matters not within the knowledge of a lay person thus requiring expert testimony, which claimant did not offer. |
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September 20, 2018 | 2018-038-114 : RODRIGUEZ v. STATE OF NEW YORK, # 2018-038-114, Claim No. 122547 Claimant proved at trial that defendant is liable to him for lost property, which was valued after trial in the amount of $140.63. |
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September 18, 2018 | 2018-015-159 : FIGUEROA v. THE STATE OF NEW YORK, # 2018-015-159, Claim No. 130570, Motion No. M-92341 M-92341 Claimant's motion to amend his claim was granted on consent. |
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September 17, 2018 | 2018-015-161 : CRITTLETON v. THE STATE OF NEW YORK, # 2018-015-161, Claim No. NONE, Motion No. M-92369 M-92369 Pro se inmate's motion to file a late claim alleging wrongful confinement was denied as untimely. |
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September 17, 2018 | 2018-015-163 : JOHNSON v. THE STATE OF NEW YORK, # 2018-015-163, Claim No. 129653, Motion No. M-92405 M-92405 Defendant's dismissal motion was not served on the claimant at his most recent address and was therefore denied. |
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September 17, 2018 | 2018-053-550 : BURKE v. THE STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, # 2018-053-550, Claim No. 126794, Motion Nos. M-92305, M-92306 M-92305, M-92306 Defendants' motion to dismiss Labor Law 200 and common law negligence causes of action is granted, as well as claimant's Labor Law 241 (6) cause of action based upon a violation of 12 NYCRR 23-1.8, 23-1.15, 23-1.16, 23-1.17, 23-1.21, 23- 1.21 (b), 23-1.24 and upon OSHA regulations. Defendants' motion to dismiss Labor Law 241 (6) cause of action based upon 12 NYCRR 23-1.7 (b) (1) (i) and 23-1.7 (b) (1) (iii) (b) and (c) is denied. Claimant's motion for partial summary judgment on Labor Law 240 (1) cause of action is denied as questions of fact exist. |
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September 14, 2018 | 2015-015-139 : CRANE HOGAN v. STATE OF NEW YORK, # 2015-015-139, Claim No. 121506, Motion No. M-91721 M-91721 Claimant alleges damages for extra work and delays incurred in performing hydrodemolition of concrete in a municipal parking garage of a complex occupied by the State and local municipalities. Defendant's motion for summary judgment dismissing the claim, alleging breach of a public improvement contract, was granted to the extent of dismissing the extra work and delay claim which was related to the performance of an illegal discharge of concrete slurry into the Susquehanna River. To the extent defendant argued that the contract was void pursuant to Labor Law 222-a following the claimant's alleged release of |
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September 14, 2018 | 2018-029-084 : CRUZ v. THE STATE OF NEW YORK, # 2018-029-084, Claim No. 128602 After a trial on liability for infant claimant's injuries sustained in a fall at the Franklin D. Roosevelt State Park pool, the court found defendant not liable for negligence and dismissed the claim. |
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September 14, 2018 | 2018-045-033 : LAWSON v. THE STATE OF NEW YORK, # 2018-045-033, Claim No. None, Motion No. M-92217 M-92217 Motion to file a late notice of intention. Any interested party including proposed administrator can serve notice of intention to file claim. |
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September 13, 2018 | 2018-029-088 : SPIRLES v. THE STATE OF NEW YORK, # 2018-029-088, Claim No. 128247 After a video trial, the court found defendant liable for wrongfully confining pro se claimant at Bedford Hills Correctional Facility for six days past her modified release date. Claimant awarded enhanced damages of $30.00 per day. |
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September 13, 2018 | 2018-029-087 : SMART v. THE STATE OF NEW YORK, # 2018-029-087, Claim No. 128332 Pro se claimant failed to present prima facie evidence at video trial that defendant breached its duty to provide a reasonably safe shower area at Bedford Hills Correctional Facility. The court found defendant not liable for negligence and dismissed the claim. |
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September 11, 2018 | 2018-038-111 : CASTILLO v. STATE OF NEW YORK, # 2018-038-111, Claim No. 122363 Claimant proved his negligent bailment of his photographs at trial, but was awarded no damages because family photos do not have a fair market value. |
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September 11, 2018 | 2018-054-097 : BROWN v. THE STATE OF NEW YORK, # 2018-054-097, Claim No. 125765 Inmate claimant burned hand when removing asbestos from pipes. No negligence on part of defendant, no proof the State breached any duty. |
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September 11, 2018 | 2018-029-085 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-029-085, Claim No. 122470 The pro se claim for negligence sought damages for burns sustained at Fishkill Correctional Facility while claimant, an inmate, was handling a rice steamer. After trial, the court found defendant not liable and dismissed the claim. |
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September 10, 2018 | 2018-053-009 : DESTINO v. THE STATE OF NEW YORK, # 2018-053-009, Claim No. 119498 Following a bifurcated trial on the issue of liability, the Court finds that the NYS Trooper who collided with claimant's vehicle at an intersection was involved in an emergency operation as defined by VTL 1104 but that claimant established that the Trooper's conduct was reckless and a proximate cause of the accident. The Court apportioned 75% liability against the State and 25% liability against claimant for his comparative negligence. |
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September 10, 2018 | 2018-018-959 : HALES v. STATE OF NEW YORK, # 2018-018-959, Claim No. 127891 Claimant awarded $420 for excessive wrongful confinement. |
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September 7, 2018 | 2018-041-059 : FLOYD v. THE STATE OF NEW YORK, # 2018-041-059, Claim No. 128789, Motion No. M-92272 M-92272 Claimant's motion for summary judgment in wrongful confinement claim is denied where claimant failed to prove, as a matter of law, that defendant wrongfully confined him for seven (7) days beyond the administrative reversal of an inmate disciplinary determination of guilt that was related to the issuance of a July 26, 2016 misbehavior report. |
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September 7, 2018 | 2018-041-060 : FLOYD v. THE STATE OF NEW YORK, # 2018-041-060, Claim No. 128816, Motion No. M-92497, Cross-Motion No. CM-92619 M-92497 Claimant's motion for summary judgment in wrongful confinement claim is granted where defendant fails to raise factual issue requiring a trial as to claimant's proof showing that defendant confined claimant for fifty-eight (58) days as a result of inmate disciplinary determination commenced and conducted in violation of defendant's own regulation. |
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September 7, 2018 | 2018-032-051 : MCDOWELL v. THE STATE OF NEW YORK, # 2018-032-051, Claim No. None, Motion No. M-91938 M-91938 Movant's motion for permission to file and serve a late claim is denied. Movant failed to attach a proposed claim, and papers submitted in support of the motion indicate that the cause of action is untimely. |
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September 7, 2018 | 2018-032-050 : MOREHOUSE v. THE STATE OF NEW YORK, # 2018-032-050, Claim No. 122123, Motion No. M-92006 M-92006 The claim is dismissed for claimant's failure to serve the claim upon the Attorney General. |
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September 6, 2018 | 2018-041-058 : ADENIJI v. THE STATE OF NEW YORK, # 2018-041-058, Claim No. 131011, Motion Nos. M-92350, M-92487 M-92350, M-92487 Claim alleging statutory unlawful discrimination cause of action is dismissed for failure to state a cause of action where claimant elected administrative remedy provided by New York State Human Rights Law and is consequently barred by Executive Law 297 (9) from bringing suit in the Court of Claims. |
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September 4, 2018 | 2018-041-057 : HORTON v. THE STATE OF NEW YORK, # 2018-041-057, Claim No. 131297, Motion No. M-92321 M-92321 Defendant's pre-answer motion to dismiss claim pursuant to CPLR 3211 (a) (7) for failure to state a wrongful confinement cause of action is denied where primary basis of motion is assertion of governmental function immunity defense which claimant is not required to disprove as an element of his cause of action for wrongful confinement. |
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August 31, 2018 | 2018-054-091 : ELABDOUNI v. THE STATE OF NEW YORK, # 2018-054-091, Claim No. 130624, Motion No. M-92621 M-92621 Motion to dismiss granted, claim filed untimely. |
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August 30, 2018 | 2018-054-090 : WADE v. THE STATE OF NEW YORK, # 2018-054-090, Claim No. NONE, Motion No. M-92637 M-92637 Late claim application denied. Mmovant has not made any allegation of negligence attributable to the State; fails to state a cause of action.. |
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August 30, 2018 | 2018-054-089 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-089, Claim No. 127039, Motion No. M-92564 M-92564 Claimant;'s request for a change in venue denied, did not meet his burden of establishing that there is reason to believe that an impartial trial cannot be had at the correctional facility of accrual of the claim. |
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August 30, 2018 | 2018-032-047 : NEAL v. THE STATE OF NEW YORK, # 2018-032-047, Claim No. None, Motion No. M-91901 M-91901 Motion for late claim relief pursuant to Court of Claims Act § 10 (6) is granted. |
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August 30, 2018 | 2018-054-087 : WORD v. THE STATE OF NEW YORK, # 2018-054-087, Claim No. 131356, Motion No. M-92553 M-92553 Claimant's motion to reargue denied. Claimant has not established that the Court overlooked or misapprehended the relevant facts or that the Court misapplied any controlling principle of law. |
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August 30, 2018 | 2018-054-071 : BOTFELD v. THE STATE OF NEW YORK, # 2018-054-071, Claim No. 131255, Motion No. M-92246 M-92246 State's pre-answer motion to dismiss is gratned, Hudson Rivera Park Trust not a proper party defendant. |
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August 29, 2018 | 2018-015-157 : MITCHELL v. STATE OF NEW YORK, # 2018-015-157, Claim No. 125954, Motion No. M-92314 M-92314 Pro se inmate's motion to schedule settlement conference was denied. |
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August 29, 2018 | 2018-038-580 : TENACE v. THE STATE OF NEW YORK, # 2018-038-580, Claim No. 129690-A, Motion No. M-92498 M-92498 Motion to dismiss claim on grounds of absolute immunity granted in part and denied in part. Causes of action complaining of lack of good faith during disciplinary process did not allege due process violation, and thus where dismissed. Causes of action arising from conduct of defendant's agents during investigation and not during disciplinary process not subject to absolute immunity. |
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August 29, 2018 | 2018-015-156 : NOVA v. THE STATE OF NEW YORK, # 2018-015-156, Claim No. 130455, Motion No. M-92280 M-92280 Claimant's motion to compel answers to interrogatories was granted in part. |
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August 29, 2018 | 2018-015-155 : REDD v. THE STATE OF NEW YORK, # 2018-015-155, Claim No. 121095, Motion No. M-92271 M-92271 Inmate's motion to renew dismissal of claim following trial was denied. |
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August 29, 2018 | 2018-015-158 : YEFIMOVA v. THE STATE OF NEW YORK, # 2018-015-158, Claim No. 131336, Motion No. M-92373 M-92373 Claim which named the Chief Clerk as a defendant was dismissed on jurisdictional grounds. |
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August 28, 2018 | 2018-029-081 : HINZ-SHAFFER v. THE STATE OF NEW YORK, # 2018-029-081, Claim No. 127512 After a liability trial, the court found the State of New York not liable for negligence in Robert Hinz' 2015 fall from his wheelchair on the Hudson River Walkway after the front wheels caught in an expansion joint. The court found there was no prima facie evidence of a dangerous condition and dismissed the claim. |
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August 28, 2018 | 2018-038-110 : BENITEZ v. THE STATE OF NEW YORK, # 2018-038-110, Claim No. 121022 |
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August 24, 2018 | 2018-053-545 : GANG v. STATE OF NEW YORK, # 2018-053-545, Claim No. 127939, Motion No. M-91994, Cross-Motion No. CM-92138 M-91994 Claimant's motion to dismiss certain affirmative defenses is denied and defendant's cross-motion to dismiss the claim is granted as claimant's service of the initial notice of intention was a nullity and the second notice of intention was untimely and jurisdictionally defective. |
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August 23, 2018 | 2018-015-151 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-015-151, Claim No. NONE, Motion No. M-92153 M-92153 Motion for late claim relief was granted with regard to the proposed cause of action for the unlawful disclosure of confidential HIV information but denied with respect to the proposed cause of action for negligent infliction of emotional distress. |
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August 23, 2018 | 2018-038-579 : BALL v. THE STATE OF NEW YORK, # 2018-038-579, Claim No. 131368, Motion No. M-92358 M-92358 Defendant's pre-answer motion to dismiss wrongful confinement claim granted. Claim was filed and served more that 90 days after its accrual. |
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August 22, 2018 | 2018-041-055 : THOMPSON v. THE STATE OF NEW YORK, # 2018-041-055, Claim No. NONE, Motion No. M-91851 M-91851 Application to file late claim is granted as allegations provide cause to believe that a meritorious claim for Labor Law violations resulting in personal injury may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim. |
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August 22, 2018 | 2018-015-154 : WATSON v. THE STATE OF NEW YORK, # 2018-015-154, Claim No. 131184, Motion No. M-92207 M-92207 Claim was dismissed for improper service. |
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August 22, 2018 | 2018-015-149 : TERRENCE v. THE STATE OF NEW YORK, # 2018-015-149, Claim No. 123924 Claimant failed to demonstrate excessive force by a preponderance of the credible evidence. |