New York State Court of Claims

New York State Court of Claims

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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: 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: 420 August 15, 2017 2017-045-508 : SOUMARE v. THE STATE OF NEW YORK, # 2017-045-508, Claim No. 127259 
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: 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: 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: 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: 449 August 8, 2017 2017-040-092 : AMAKER v. THE STATE OF NEW YORK, # 2017-040-092, Claim No. 128414, Motion No. M-90364 M-90364
Claimant's Motion to compel discovery responses pursuant to CPLR 3124 denied.
Score: 670 August 8, 2017 2017-040-106 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-040-106, Claim No. NONE, Motion No. M-90442 M-90442
Motion for permission to serve and file a Claim late granted in part.
Score: 388 August 8, 2017 2017-015-251 : BROWN v. THE STATE OF NEW YORK, # 2017-015-251, Claim No. 124387, Motion No. M-90543 M-90543
Pro se inmate's motion for the production of documents and witnesses was denied except to the limited extent of requiring the production of certain documents at trial.
Score: 475 August 8, 2017 2017-040-105 : JOHNSON v. THE STATE OF NEW YORK, # 2017-040-105, Claim No. 117986 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-104 : HINES v. THE STATE OF NEW YORK, # 2017-040-104, Claim No. 118530 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-103 : GIBSON v. THE STATE OF NEW YORK, # 2017-040-103, Claim No. 118274 
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: 475 August 8, 2017 2017-040-101 : FERNANDEZ v. THE STATE OF NEW YORK, # 2017-040-101, Claim No. 111681 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-100 : ALARCON v. THE STATE OF NEW YORK, # 2017-040-100, Claim No. 122076 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-099 : PICHARDO v. THE STATE OF NEW YORK, # 2017-040-099, Claim No. 116352 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-098 : 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 2017-040-097 : SNYPE v. THE STATE OF NEW YORK, # 2017-040-097, Claim No. 115639 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-096 : MURRAY v. THE STATE OF NEW YORK, # 2017-040-096, Claim No. 111328 
Pro se Claimant failed to appear for Trial. Court granted State's Motion to dismiss for failure to prosecute.
Score: 475 August 8, 2017 2017-040-095 : URENA v. THE STATE OF NEW YORK, # 2017-040-095, Claim No. 119990 
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.
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: 555 August 7, 2017 2017-045-034 : SKATES v. THE STATE OF NEW YORK, # 2017-045-034, Claim No. 125434, Motion No. M-90379 M-90379
Defendant's motion to dismiss pro se inmate claim alleging, inter alia, religious violations.
Score: 498 July 28, 2017 2017-053-541 : ME & MORGAN, LLC v. THE STATE OF NEW YORK, # 2017-053-541, Claim No. 121521, Motion No. M-89720 M-89720
In this appropriations claim, defendant's motion to compel responses to interrogatories and document demands is granted as more of the responses requested are palpably improper.
Score: 420 July 27, 2017 2017-041-052 : SPRINKLER v. THE STATE OF NEW YORK, # 2017-041-052, Claim No. 129586, Motion No. M-90390 M-90390
Defendant's motion to dismiss is granted on ground that claim was served more than ninety days after accrual.
Score: 518 July 26, 2017 2017-015-254 : SANTIAGO v. THE STATE OF NEW YORK, # 2017-015-254, Claim No. 120884, Motion No. M-90612 M-90612
Claim was dismissed for lack of service.
Score: 518 July 26, 2017 2017-015-252 : FRYE v. THE STATE OF NEW YORK, # 2017-015-252, Claim No. 123333, Motion No. M-90610 M-90610
Defendant's dismissal motion was granted for lack of service of the claim.
Score: 518 July 26, 2017 2017-015-255 : POWELL v. THE STATE OF NEW YORK, # 2017-015-255, Claim No. 124105, Motion No. M-90611 M-90611
Claim was dismissed for lack of service.
Score: 518 July 25, 2017 2017-041-052 : ROBINSON v. THE STATE OF NEW YORK, # 2017-041-052, Claim No. 128325, Motion No. M-90332 M-90332
Defendant's motion to dismiss the claim and amended claim is granted where claim failed to comply with the pleading requirements of CPLR 3014 and where claimant failed to timely file and serve amended claim as directed by Court's prior Decision and Order.
Score: 613 July 24, 2017 2017-041-051 : HENRY v. THE STATE OF NEW YORK, # 2017-041-051, Claim No. 120014, Motion No. M-90396 M-90396
Claim alleging that defendant denied the inmate/claimant
Score: 613 July 20, 2017 2017-053-538 : SPARKS v. THE STATE OF NEW YORK, # 2017-053-538, Claim No. 124904, Motion No. M-90494 M-90494
Claimant's motion seeking permission to amend the notice of intention and claim to assert an additional cause of action or in the alternative, seeking leave to late file a claim is denied.
Score: 537 July 19, 2017 2017-041-049 : ELIAS v. THE STATE OF NEW YORK, # 2017-041-049, Claim No. 121759, Motion No. M-90406 M-90406
Motion to dismiss claim alleging assault and medical malpractice is granted where assault cause of action was not served within time period set forth in Court of Claims Act 10 (3-b) and where medical malpractice cause of action fails to comply with pleading requirements of Court of Claims Act 11 (b).
Score: 420 July 19, 2017 2017-040-091 : MALIK, ROGERS v. THE STATE OF NEW YORK, # 2017-040-091, Claim No. 124841 
Claim dismissed based upon Claimant's failure to appear at Trial.
Score: 475 July 18, 2017 2017-053-539 : BARNETT v. THE CITY UNIVERSITY OF NEW YORK, # 2017-053-539, Claim No. 127394, Motion No. M-89846, Cross-Motion No. CM-89893 M-89846
Claimant's motion to amend the claim to correct the date of the occurrence is denied. Original claim is jurisdictionally defective for failing to state the correct date. Defendant's cross-motion to dismiss is granted. Claimant's recourse is to file a motion for permission to file a late claim to Court of Claims Act 10 (6).
Score: 585 July 17, 2017 2017-038-551 : EDWARDS v. THE STATE OF NEW YORK, # 2017-038-551, Claim No. 123656, Motion Nos. M-90213, M-90274 M-90213, M-90274
Defendant's motion for protective order granted, disclosure of correctional facility Personal Alarm System Manual would compromise correctional security, at the facility and statewide. Claimant's motion for production of documents and items denied in the absence of proof that any relevant discovery request had been made by claimant.
Score: 420 July 14, 2017 2017-040-088 : CARGILL v. THE STATE OF NEW YORK, # 2017-040-088, Claim No. 129337, Motion No. M-90352 M-90352
Pro se Claimant's Motion to strike State's Answer and for summary judgment denied.
Score: 670 July 14, 2017 2017-040-090 : RAMOS v. THE STATE OF NEW YORK, # 2017-040-090, Claim No. 114863 
Court finds that Claimant failed to establish by a preponderance of the evidence that Defendant was negligent in connection with his fall on a snowy walkway at a correctional facility.
Score: 347 July 14, 2017 2017-040-089 : TORRES v. THE STATE OF NEW YORK, # 2017-040-089, Claim No. 127500, Motion No. M-90288 M-90288
Motion to Amend Claim denied as Claimant failed to comply with CPLR 3025(b).
Score: 555 July 11, 2017 2017-015-250 : ROMANO v. THE STATE OF NEW YORK, # 2017-015-250, Claim No. 123742, Motion No. M-90603 M-90603
Claim was dismissed for failure to serve the claim on the Office of the Attorney General.
Score: 518 July 10, 2017 2017-040-087 : BALLARD v. THE STATE OF NEW YORK, # 2017-040-087, Claim No. NONE, Motion No. M-90257 M-90257
Pro se Movant's Motion for permission to file a late Claim pursuant to CCA 10(6) denied as no proposed Claim accompanied motion papers as required.
Score: 670 July 10, 2017 2017-041-048 : MICHEL v. THE STATE OF NEW YORK, # 2017-041-048, Claim No. NONE, Motion No. M-90240 M-90240
Application to file late claim is granted in part and denied in part as allegations provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 299 July 7, 2017 2017-045-027 : DAVIS v. THE STATE OF NEW YORK, # 2017-045-027, Claim No. 126518, Motion No. M-89398 M-89398
Claimant's motion for an order striking defendant's second demand for document production.
Score: 388 July 7, 2017 2017-040-086 : FRAISER v. THE STATE OF NEW YORK, # 2017-040-086, Claim No. 129388, Motion No. M-90509 M-90509
Pro se Claimant's Motion for poor person status and assignment of counsel denied.
Score: 498 July 7, 2017 2017-040-082 : GREENE v. THE STATE OF NEW YORK, # 2017-040-082, Claim No. NONE, Motion No. M-90369 M-90369
Pro se Movant's Court o Claims Act 10(6) Motion for permission to serve and file a late Claim denied without prejudice.
Score: 347 July 7, 2017 2017-015-248 : GREEN v. THE STATE OF NEW YORK, # 2017-015-248, Claim No. 127056, Motion No. M-90382 M-90382
Claimant's motion to settle the record on appeal was denied because he failed to submit a copy of the proposed record on appeal.
Score: 236 July 7, 2017 2017-015-247 : BYRD v. THE STATE OF NEW YORK, # 2017-015-247, Claim No. 123243, Motion No. M-90585 M-90585
Claimant's motion for summary judgment and the issuance of trial subpoenas relating to the upcoming trial of his bailment claim was denied.
Score: 613 July 7, 2017 2017-040-083 : JOHNS v. THE STATE OF NEW YORK, # 2017-040-083, Claim No. 127051, Motion No. M-90120, Cross-Motion No. CM-90290 M-90120
Claimant's Motion for Summary Judgment denied and State's Cross-Motion for Summary Judgment dismissing the Claim granted.
Score: 388 July 7, 2017 2017-038-549 : MARTIRANO v. THE STATE OF NEW YORK, # 2017-038-549, Claim No. 124393, Motion No. M-89622 M-89622
Defendant's motion for summary judgment dismissing claim containing causes of action pursuant to Labor Law 200(1) and Labor Law 241(6) granted. Defendant demonstrated its lack of authority to supervise or control the injury-producing work, and that there was not a violation of a provision of the Industrial Code or that any such violation was a proximate cause of claimant's injury, and claimant did not raise a triable issue of material fact in opposition to the motion.