New York State Court of Claims

New York State Court of Claims

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Score: 687 January 2, 2018 2017-029-097 : PRATOW v. THE STATE OF NEW YORK, # 2017-029-097, Claim No. 125024, Motion Nos. M-91254, M-91284 M-91254, M-91284
The claim seeks damages for breach of contract. The court treated defendant's post-note of issue motion to dismiss for lack of subject matter jurisdiction as a motion for summary judgment based on the statutory ground codified at CPLR 3211(a)(2) for pre-answer motions to dismiss. The court found that it lacked subject matter jurisdiction because the claim was untimely under Court of Claims Act 10(4) and that defendant demonstrated entitlement to summary judgment under the express terms of the Contract, and the evidence established no disputed issue of material fact. Defendant was found not liable for breach of contract.
Score: 648 December 15, 2017 2017-040-153 : RENNER v. THE STATE OF NEW YORK, # 2017-040-153, Claim No. 130069, Motion No. M-91068 M-91068
State's Motion to Dismiss based upon Claimant's failure to meet the pleading requirements of CCA 11(b) granted.
Score: 388 December 14, 2017 2017-041-512 : TOLLIVER v. THE STATE OF NEW YORK, # 2017-041-512, Claim No. 124355 
Defendant is found 70% liable after trial, with inmate-claimant's culpable conduct in slip and fall claim assessed at 30%, where evidence showed that defendant had notice of recurring dangerous condition caused by water leaking from washing machines and/or PVC pipe, resulting in facility's slop sink floor becoming wet and slick, a condition which the inmate-claimant had observed on prior occasions.
Score: 518 December 14, 2017 2017-040-150 : DAMIANO v. THE STATE OF NEW YORK and THE MADISON COUNTY SOIL & WATER CONSERVATION DISTRICT, # 2017-040-150, Claim No. 129997, Motion No. M-91034 M-91034
State's Motion to Dismiss Claim due to lack of jurisdiction over Madison County Soil & Water Conservation District granted.
Score: 744 December 13, 2017 2017-040-146 : SAN FILIPPO v. THE STATE OF NEW YORK, # 2017-040-146, Claim No. 129936-A, Motion Nos. M-90961, M-91026 M-90961, M-91026
State's Motion to Dismiss Claim due to Claimant's failure t timely serve the Claim granted.
Score: 600 December 11, 2017 2017-040-144 : R.S. and E.A. v. THE STATE OF NEW YORK, # 2017-040-144, Claim No. 126980, Motion No. M-90686 M-90686
Motion to compel discovery granted.
Score: 475 December 8, 2017 2017-041-088 : SANCHEZ v. THE STATE OF NEW YORK, # 2017-041-088, Claim No. 129320, Motion No. M-91147, Cross-Motion No. CM-91229 M-91147
Claim is dismissed for lack of jurisdiction where notice of intention to file a claim was not served by certified mail, return receipt requested, and thus did not extend claimant's time to serve his claim and where claim was not served within ninety days of its accrual and was not served by either personal service or certified mail, return receipt requested.
Score: 518 December 8, 2017 2017-045-043 : TOPOL v. THE STATE OF NEW YORK, ANTHONY N. RESSA, ANTHONY A. RESSA, COUNTY OF NASSAU, TOWN OF OYSTER BAY, INCORPORATED VILLAGE OF MUTTONTOWN, AND INCORPORATED VILLAGE OF BROOKVILLE, # 2017-045-043, Claim No. 129619, Motion No. M-90596 M-90596
Town of Oyster Bay's motion to dismiss claim against it.
Score: 537 December 5, 2017 2017-053-577 : PETERSON v. STATE OF NEW YORK, # 2017-053-577, Claim No. 120381, Motion No. M-90828 M-90828
Claimant renewed prior request for disclosure of certain documents from the State relating to her claim for an alleged assault and use of excessive force by a correction officer. The State is ordered to produce certain documents to the Court for in camera inspection. In addition, the State is to produce to claimant copies of certain documents regarding the use of force or restraint training utilized when the correction officer attended the academy or in subsequent defensive tactics training.
Score: 498 December 5, 2017 2017-015-289 : MC NEIL v. STATE OF NEW YORK, # 2017-015-289, Claim No. 123133, Motion No. M-91173 M-91173
Claim was dismissed for claimant's failure to serve the Attorney General with a copy of the claim.
Score: 600 December 4, 2017 2017-015-288 : MC CRAY v. THE STATE OF NEW YORK, # 2017-015-288, Claim No. 129937, Motion No. M-90912, Cross-Motion No. CM-91272 M-90912
Defendant's motion to dismiss the claim was granted on the ground claimant failed to adequately allege the
Score: 449 November 30, 2017 2017-040-142 : PATTERSON v. ADULT RESIDENCE, Yorkville Community, 22 Main Street, Yorkville, NY, MOHAWK VALLEY PSYCHIATRIC CENTER, 1400 York Street, Utica, NY, DR. MICHAEL GRIBETZ, OTIS BRYANT, YORK STREET CLINIC, 1400 Noyes St., Utica, NY, # 2017-040-142, Claim No. 129782, Motion No. M-90758 M-90758
State's Motion to Dismiss on basis that Claimant lacks legal capacity to sue granted.
Score: 347 November 30, 2017 2017-041-085 : THOUSAND v. THE STATE OF NEW YORK, # 2017-041-085, Claim No. 128898, Motion No. M-91107, Cross-Motion No. CM-91178 M-91107
Claimant's motion for summary judgment on bailment claim is denied where claimant fails to specifically identify and value personal property contained in envelope intended for mail and where claimant fails to prove, as a matter of law, that the envelope was lost or destroyed while in defendant's custody and control; defendant's cross-motion to dismiss is denied.
Score: 420 November 30, 2017 2017-053-573 : CAMPBELL v. STATE OF NEW YORK, # 2017-053-573, Claim No. 128113, Motion Nos. M-90744, M-90774 M-90744, M-90774
The State's motion to dismiss and for summary judgment regarding claimant's wrongful confinement claim is granted and claimant's cross-motion for summary judgment is denied. Claimant failed to establish elements of his claim and the mere fact that the findings of the tier III hearing were reversed and an expungement order issued does not give rise to a recovery for wrongful confinement. The hearing was reversed for reasons giving rise to questions regarding claimant's culpability and not that any State employee acted in excess of their authority or departed from any statutory or regulatory direction.
Score: 420 November 29, 2017 2017-041-511 : CAPALDO v. THE STATE OF NEW YORK, # 2017-041-511, Claim No. 124311 
Trial proof demonstrated that defendant's six-year delay in performing root canal on claimant's tooth constituted dental malpractice, for which defendant is 100% liable, and claimant is awarded damages in the amount of $45,000 for past pain and suffering.
Score: 498 November 28, 2017 2017-015-287 : CHARLESTON v. THE STATE OF NEW YORK, # 2017-015-287, Claim No. 128225, Motion No. M-91291 M-91291
Claim was dismissed for improper service.
Score: 518 November 28, 2017 2017-045-520 : FERREIRA v. THE STATE OF NEW YORK, # 2017-045-520, Claim No. 126840 
Claimant, a pro se inmate, failed to present sufficient evidence at trial to support his claim of medical malpractice.
Score: 518 November 27, 2017 2017-032-008 : NELSON v. THE STATE OF NEW YORK, # 2017-032-008, Claim No. 121848 
Following a trial, claimant's causes of action alleging negligence, medical malpractice, and the unauthorized disclosure of his medical records are dismissed.
Score: 555 November 27, 2017 2017-041-084 : GONZALEZ v. THE STATE OF NEW YORK, # 2017-041-084, Claim No. NONE, Motion No. M-91041 M-91041
Application to file late claim is denied where claimant served a timely notice of intention to file claim with respect to inmate-on-inmate assault cause of action and where allegations fail to provide cause to believe a valid cause of action for wrongful confinement may exist; application for assignment of counsel and for poor person status is denied.
Score: 299 November 23, 2017 2017-015-286 : ROBERTS v. THE STATE OF NEW YORK, # 2017-015-286, Claim No. 124575, Motion No. M-91104 M-91104
Claimant's motion for summary judgment on his bailment claim was denied.
Score: 728 November 21, 2017 2017-029-081 : KANOF v. THE STATE OF NEW YORK, # 2017-029-081, Claim No. 126349, Motion No. M-91220 M-91220
The claim alleges that a pedestrian tripped and fell on a defective sidewalk/curb of a parking lot at SUNY Purchase on October 10, 2014. After trial was scheduled, defendant moved to dismiss the claim based on the court's lack of subject matter jurisdiction, arguing that the description of the location where claimant fell did not meet the specificity requirements of Court of Claims Act 11(b). The court denied the motion, finding that defendant failed to show it was unable to conduct a meaningful investigation based on the more detailed information contained in the timely served notice of intention.
Score: 744 November 21, 2017 2017-041-083 : PARK v. THE STATE OF NEW YORK, # 2017-041-083, Claim No. 130036, Motion No. M-91015 M-91015
Claim alleging negligent investigation by the New York State Department of Health, Office of Professional Medical Conduct, is dismissed for lack of jurisdiction.
Score: 518 November 21, 2017 2017-029-076 : PASCOE v. THE STATE OF NEW YORK, # 2017-029-076, Claim No. 126320 
After a trial on liability, the court applied the reckless disregard standard under Vehicle and Traffic Law 1103[b] and found defendant State of New York 50% liable for the wrongful death of a driver who collided with a DOT truck on I-84 and the deceased driver 50% liable. The trial evidence showed that the DOT truck was stopped on the side of the high-speed roadway protruding several feet into the far left lane, when there was a safer alternative, and the message board was not engaged; and the deceased automobile driver was speeding and likely tailgating another automobile.
Score: 537 November 20, 2017 2017-054-015 : LANGO v. THE STATE OF NEW YORK, # 2017-054-015, Claim No. 124219 
Excessive force by correction officer, no medical evidence.
Score: 648 November 20, 2017 2017-018-847 : WALTON v. STATE OF NEW YORK, # 2017-018-847, Claim No. NONE, Motion No. M-90998 M-90998
Permission to file late claim is denied.
Score: 388 November 17, 2017 2017-015-284 : ROBINSON v. THE STATE OF NEW YORK, # 2017-015-284, Claim No. 126219, Motion No. M-91057 M-91057
Attorney's motion to be relieved as counsel for the claimant in a medical malpractice case was denied. Motion was unsupported by medical evidence and was not made until the eve of trial.
Score: 347 November 17, 2017 2017-015-285 : CAIMITE v. THE STATE OF NEW YORK, # 2017-015-285, Claim No. 127679, Motion No. M-91073 M-91073
Claimant's motion to amend his claim was granted, without opposition.
Score: 449 November 16, 2017 2017-054-014 : BANCH v. DOCS/DOCCS THE STATE OF NEW YORK, # 2017-054-014, Claim No. 125497, Motion No. M-91161 M-91161
Claim served by regular mail and filed beyond the time mandated for filing service. Claim dismissed.
Score: 475 November 16, 2017 2017-054-009 : BASABE v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, MEDICAL UNIT AT EASTERN NY CORRECTIONAL FACILITY, # 2017-054-009, Claim No. 130224, Motion No. M-91172 M-91172
Notice of intention was not timely served within 90 days of the date of accrual. Claim dismissed.
Score: 570 November 16, 2017 2017-038-110 : STEWART v. THE STATE OF NEW YORK, # 2017-038-110, Claim No. 119738 
Claim for compensation for lost property granted in part. Even though claimant signed an I-64 form indicating that he had received all of his property after a transfer to involuntary protective custody, his credible testimony at trial established that he had not received certain items. Claimant awarded $44.75 for the depreciated value of the lost items.
Score: 637 November 15, 2017 2017-015-275 : RIORDAN v. THE STATE OF NEW YORK, # 2017-015-275, Claim No. 124274 
Claim alleging, inter alia, false arrest and imprisonment and violations of the Search and Seizure Clauses of the State and Federal Constitutions was dismissed following trial. Court credited testimony of certain correction staff at Green CF that claimant, also a correction officer at Greene CF, had called the facility and threatened to commit suicide. Claimant's arrest and confinement to a hospital was authorized under Mental Hygiene Law 9.41.
Score: 420 November 15, 2017 2017-032-060 : BARTIROMO v. THE STATE OF NEW YORK, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, and BROOKLYN COLLEGE, # 2017-032-060, Claim No. 129798, Motion No. M-90717 M-90717
Motion to dismiss the claim asserted against defendant DASNY for lack of subject matter jurisdiction is granted.
Score: 388 November 15, 2017 2017-038-582 : B. v. STATE OF NEW YORK, # 2017-038-582, Claim No. 117766, Motion No. M-90577 M-90577
Score: 299 November 15, 2017 2017-038-583 : GREEN v. STATE OF NEW YORK, # 2017-038-583, Claim No. 124847, Motion No. M-90731 M-90731
Claimant's motion to settle and certify the record on appeal denied as moot. Claimant did not timely perfect his appeal, and thus, it was deemed abandoned by Appellate Division rule.
Score: 518 November 14, 2017 2017-032-059 : NDIAYE v. THE STATE OF NEW YORK, CUNY and CITY UNIVERSITY OF NEW YORK BRONX COMMUNITY COLLEGE, # 2017-032-059, Claim No. 129403, Motion No. M-90291 M-90291
Defendant's motion to dismiss is granted for lack of subject matter jurisdiction.
Score: 626 November 14, 2017 2017-041-081 : LAPIERRE v. THE STATE OF NEW YORK, # 2017-041-081, Claim No. 123678, Motion Nos. M-91023, M-90803, M-90642, M-91016, M-90641 , Cross-Motion Nos. CM-90960, CM-91061 M-91023, M-90803, M-90642, M-91016, M-90641
Claimant's motion for appointment of counsel is denied; claimant's motion for partial summary judgment is denied; Defendant withdraws its third and fourth defenses and claimant's motion to strike defendant's affirmative defenses is otherwise denied; defendant's motion to dismiss the claim's causes of action for medical negligence and deliberate indifference accruing on dates and at locations not sufficiently identified in the notice of intention is granted; claimant's cross-motion for judgment declaring that the court has jurisdiction and for sanctions is denied; claimant's motion to compel answers to interrogatories is denied and defendant's cross-motion for a protective order vacating the interrogatories is granted.
Score: 518 November 14, 2017 2017-041-080 : MERCURIO v. THE STATE OF NEW YORK, # 2017-041-080, Claim No. 125488, Motion No. M-90975 M-90975
State's motion for entry of judgment in its favor pursuant to EDPL 304(H) is granted.
Score: 613 November 13, 2017 2017-041-079 : MURRAY v. THE STATE OF NEW YORK, # 2017-041-079, Claim No. 124098, Motion No. M-90936 M-90936
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), is granted.
Score: 388 November 13, 2017 2017-015-281 : FOX v. THE STATE OF NEW YORK, # 2017-015-281, Claim No. 129296, Motion No. M-91032 M-91032
Claimant's motion for the assignment of counsel was denied.
Score: 498 November 9, 2017 2017-041-510 : STRICKLAND v. THE STATE OF NEW YORK, # 2017-041-510, Claim No. 120654 
Claimant is awarded damages in the amount of $75,000 for conscious pain and suffering caused by the defendant's use of excessive force.
Score: 299 November 8, 2017 2017-018-846 : SABINE v. STATE OF NEW YORK, # 2017-018-846, Claim No. 125759, Motion No. M-90889 M-90889
Claimant's motion for partial summary judgment is DENIED, and his motion seeking to strike is GRANTED to the extent that Defendant's first, fifth, and seventh affirmative defenses are DISMISSED and the motion is DENIED as to Defendant's second affirmative defense.
Score: 299 November 8, 2017 2017-015-277 : CLAY v. THE STATE OF NEW YORK, # 2017-015-277, Claim No. 122338 
Pro se inmate's bailment claim was dismissed as he failed to establish that he entrusted his property to prison officials with the expectation that it would be returned.
Score: 388 November 6, 2017 2017-015-272 : MILLER v. THE STATE OF NEW YORK, # 2017-015-272, Claim No. 124301 
Pro se inmate failed to establish defendant's negligence for his slip and fall on ice in a recreation pen.
Score: 149 November 6, 2017 2017-015-276 : BROWN v. THE STATE OF NEW YORK, # 2017-015-276, Claim No. 124387 
Pro se inmate claim alleging injuries from exposure to a germicidal cleaner was dismissed as claimant failed to present expert opinion that exposure could have caused the injuries complained of.
Score: 537 November 6, 2017 2017-015-274 : SMITH v. THE STATE OF NEW YORK, # 2017-015-274, Claim No. 124444 
Claim was dismissed as untimely following trial. Inasmuch as defendant's motion for dismissal was made beyond the court-ordered deadline, a sanction was imposed for the dilatory conduct.
Score: 659 November 3, 2017 2017-018-845 : RANDALL v. STATE OF NEW YORK, # 2017-018-845, Claim No. NONE, Motion No. M-90988 M-90988
Late claim motion denied.
Score: 388 November 3, 2017 2017-038-580 : VIDAL v. THE STATE OF NEW YORK, # 2017-038-580, Claim No. 125974, Motion No. M-90535 M-90535
Claimant's motion to compel production of documents denied as moot. Motion to compel answers to interrogatories addressed to non-party employees of defendant denied, as interrogatories are properly addressed to a party but not an employee of a party, and the interrogatories sought information that would be properly sought by deposition. In the absence of objection to the notice of interrogatory addressed to the facility Superintendent, a response thereto shall be made, upon the condition that defendant may designate the appropriate person to respond to that interrogatory.
Score: 449 November 2, 2017 2017-045-514 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2017-045-514, Claim No. 125680 
Inmate failed to appear at trial and failed to notify the Court of new address.
Score: 449 November 2, 2017 2017-045-515 : RAY v. THE STATE OF NEW YORK, # 2017-045-515, Claim No. 125263 
Inmate failed to appear at trial and failed to notify the Court of new address.
Score: 449 November 2, 2017 2017-045-516 : WILLIAMS v. THE STATE OF NEW YORK , # 2017-045-516, Claim No. 124998 
Inmate failed to appear at trial and failed to notify the Court of new address.