New York State Court of Claims

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	January 8, 2019	2019-015-103 : GRANGER v. THE STATE OF NEW YORK, # 2019-015-103, Claim No. 128342  Claim alleging medical malpractice and/or medical negligence was dismissed following the Court's service of a 90-day demand to serve and file the Note of Issue and Certificate of Readiness for Trial. Counsel for the claimant, Franzblau Dratch, P.C., was given every opportunity to comply with the court's request to complete discovery and serve and file the Note of Issue but failed to do so.
	December 28, 2018	2018-015-188 : FRANCE v. THE STATE OF NEW YORK, # 2018-015-188, Claim No. 124991, Motion No. M-93024 M-93024 Pro se inmate's motion for summary judgment in medical malpractice case was denied.
	December 27, 2018	2018-015-187 : KARRIS v. STATE OF NEW YORK, # 2018-015-187, Claim No. 124997, Motion No. M-92986 M-92986 Defendant's motion to dismiss the claim for lack of service was granted.
	December 27, 2018	2018-015-185 : LESLIE v. STATE OF NEW YORK, # 2018-015-185, Claim No. 125998, Motion No. M-92985 M-92985 Defendant's motion to dismiss the claim for lack of service was granted.
	December 24, 2018	2018-015-182 : NAPOLEONI v. THE STATE OF NEW YORK, # 2018-015-182, Claim No. 127947, Motion No. M-92865 M-92865 Where a Youth Division Aide (YDA) employed by the Office of Children and Family Services (OCFS) was convicted of attempted strangulation arising from an altercation with the claimant, who was then a minor in the custody of OCFS, defendant's motion for summary judgment dismissing the claim was denied. A question of fact existed as to whether or not the YDA was acting in the scope of his employment when he employed the use of force. Defendant acknowledged that the use of force was necessary and foreseeable in certain circumstances and the YDA involved in this case had been disciplined for the use of excessive force several times in the past. Defendant's motion was also denied to the extent it sought to collaterally estop the claimant from relitigating the issue of damages, which were determined in a federal court action following the default of the defendant-YDA in that case. Defendant did not raise collateral estoppel as an affirmative defense, resulting in waiver of this defense. Moreover, in the federal court action against the individually-named defaulting defendant, there was little incentive to vigorously litigate the damages issue. Other issues raised by defense counsel involving injury to a tooth arising from a screw in the mess hall food did not warrant summary judgment. Defendant's assertion of a lack of notice regarding the presence of a screw in claimant's food did not warrant summary judgment where it failed to support its motion with any evidence that the meat slicer from which the screw became dislodged was inspected or maintained before the incident and, in opposition to the motion, the claimant properly invoked the doctrine of res ipsa locquitor. In addition, while the defendant argued that the screw claimant bit down on did not cause his dental injury, defendant failed to demonstrate its entitlement to summary judgment through the proffer expert opinion evidence.
	December 21, 2018	2018-015-183 : BENSON v. THE STATE OF NEW YORK, # 2018-015-183, Claim No. 131815, Motion No. M-92890 M-92890 Absent service of a notice for discovery, motion to compel was denied.
	December 21, 2018	2018-054-120 : SAVINO v. THE VILLAGE OF PORT CHESTER, NEW YORK, # 2018-054-120, Claim No. 131432, Motion No. M-93138 M-93138 State's unopposed motion to dismiss granted, no jurisdiction against Village of Port Chester.
	December 18, 2018	2018-041-091 : ANSELMO v. THE STATE OF NEW YORK, # 2018-041-091, Claim No. 132055, Motion No. M-93131 M-93131 Defendant's motion to dismiss claim in lieu of answer is granted where claim is barred by Court of Claims Act 10.
	December 17, 2018	2018-041-089 : WRIGHT v. THE STATE OF NEW YORK, # 2018-041-089, Claim No. 131663, Motion No. M-93043 M-93043 Claimant's motion for permission to serve and file an amended inmate property claim increasing the amount of damages demanded is denied.
	December 14, 2018	2018-015-181 : FIGUEROA v. THE STATE OF NEW YORK, # 2018-015-181, Claim No. NONE, Motion No. M-92204 M-92204 Pro se inmate's application to file a late claim alleging negligent supervision arising from injuries sustained in an inmate-on-inmate assault was denied as his allegation of negligence was premised on little more than the fact he was labeled a high-ranking member of the Latin Kings gang upon his admission into DOCCS' custody 14 years ago. Moreover DOCCS is immune from liability for its decision not to use metal detectors in the recreation yard during certain times.
	December 13, 2018	2018-041-088 : MASCUZZIO v. THE STATE OF NEW YORK, # 2018-041-088, Claim No. 132074, Motion No. M-92995 M-92995 Claimant's application to file a late inmate property claim is denied because Court lacks authority to grant such relief; inmate property claim is dismissed sua sponte for lack of subject matter jurisdiction because claimant failed to exhaust his administrative remedy as required by Court of Claims Act § 10 (9).
	December 12, 2018	2018-038-118 : RIVERA v. THE STATE OF NEW YORK, # 2018-038-118, Claim No. 122822  After trial, claimant awarded $740.11 for personal property lost during incarceration.
	December 12, 2018	2018-038-117 : LA PUMA v. THE STATE OF NEW YORK, # 2018-038-117, Claim No. 120944  Claimant awarded $750 for past pain and suffering and for scarring caused when he was struck by a window in his cell that was secured only by a shoelace.
	December 11, 2018	2018-015-177 : SMITH v. THE STATE OF NEW YORK, # 2018-015-177, Claim No. 127314, Motion No. M-92599, Cross-Motion No. CM-92688 M-92599 Claimant's motion for partial summary judgment was denied and defendant's cross motion dismissing the amended claim was granted as it was filed without leave of court. To the extent defendant also sought dismissal of the original claim on the grounds it failed to meet the pleading requirements of Court of Claims Act § 11 (b), the motion was denied as it alleged all of the required particulars with respect to a bailment cause of action.
	December 11, 2018	2018-041-085 : SWANSON v. THE STATE OF NEW YORK, # 2018-041-085, Claim No. 131779, Motion No. M-92820 M-92820 Defendant's motion to dismiss negligence claim in lieu of answer, pursuant to CPLR 3211 (a) (2) and (7), on the respective grounds that the Court lacks subject matter jurisdiction over the claim as to non-state defendants and because the claim fails to state a cause of action, is granted.
	December 7, 2018	2018-015-178 : ANDERSON v. THE STATE OF NEW YORK, # 2018-015-178, Claim No. 128944, Motion No. M-92694 M-92694 Claimant's motion to compel discovery and impose sanctions was granted to the extent of compelling defendant to produce certain items of discovery and otherwise denied.
	December 7, 2018	2018-015-176 : Acme Powerwashing v. THE STATE OF NEW YORK, # 2018-015-176, Claim No. 127962, Motion No. M-92627, Cross-Motion No. CM-92628 M-92627 In this breach of contract action where claimant abandoned the job site based upon its belief that DOT's decrease in the quantity of highway crack sealer would result in a loss, claimant's motion for summary judgment was denied and defendant's cross motion on its counterclaim for damages was granted.
	December 7, 2018	2018-015-180 : ROBINSON v. THE STATE OF NEW YORK, # 2018-015-180, Claim No. 131873-A, Motion Nos. M-92762, M-92763 M-92762, M-92763 Claimants motions to file a late claim and for poor person status were denied as a claim regarding the same subject matter was timely and properly served, and claimant received a fee reduction in doing so.
	December 7, 2018	2018-015-179 : SMITH v. THE STATE OF NEW YORK, # 2018-015-179, Claim No. NONE, Motion No. M-92775 M-92775 Movant's application to file a late claim alleging wrongful confinement following a prison disciplinary hearing was denied as time barred by the one-year statute of limitations contained in CPLR 215 (3).
	December 6, 2018	2018-053-565 : FERGUSON v. STATE OF NEW YORK, # 2018-053-565, Claim No. 129854, Motion No. M-92747 M-92747 Claimant, a represented inmate, brought a claim for wrongful confinement. The State's motion for summary judgment dismissing the claim for lack of jurisdiction is granted and the claim is dismissed.
	December 6, 2018	2018-053-566 : GERRISH v. STATE UNIVERSITY OF NEW YORK AT BUFFALO, # 2018-053-566, Claim No. 130931, Motion No. M-92703 M-92703 Claimant brought a claim alleging breach of an implied contract after being terminated from a SUNY Ph.D program. No answer to the claim was filed and the Court by Order to Show Cause ordered the parties to submit statements regarding the service of this claim. Claimant failed to respond to the Court's Order to Show Cause and as SUNY demonstrated that no claim was timely served upon the Attorney General, the claim is dismissed.
	December 6, 2018	2018-041-083 : OGLESBY v. THE STATE OF NEW YORK, # 2018-041-083, Claim No. 130896, Motion No. M-92937 M-92937 Claim is dismissed pursuant to Court of Claims Act § 15 and CPLR § 1021 for failure to make timely substitution upon claimant's death.
	December 6, 2018	2018-038-116 : TEXIDOR v. THE STATE OF NEW YORK, # 2018-038-116, Claim No. 123109
	December 6, 2018	2018-054-117 : JENKINS v. THE STATE OF NEW YORK, # 2018-054-117, Claim No. 125217  Claimant requested an adjournment and was denied. Claim dismissed for failure to prosecute.
	December 5, 2018	2018-050-064 : STIRNWEISS v. THE STATE OF NEW YORK, # 2018-050-064, Claim No. NONE, Motion No. M-92548 M-92548 Movants seek late claim relief pursuant to Court of Claims Act (CCA) § 10 (6) for personal injuries and loss of services caused by defendant and its agents during the delivery of their baby at Stony Brook Southampton Hospital.
	December 5, 2018	2018-038-598 : LOPEZ v. THE STATE OF NEW YORK, # 2018-038-598, Claim No. 131964, Motion No. M-93011 M-93011 Defendant's motion to dismiss on jurisdictional grounds granted. Defendant demonstrated that claim was served on the Attorney General by regular mail, not CMRRR, and claimant offered no opposition.
	December 4, 2018	2018-041-082 : GREEN v. THE STATE OF NEW YORK, # 2018-041-082, Claim No. 129958, Motion No. M-92790 M-92790 Claimant's motion to settle record on appeal is denied where claimant has not served a copy of proposed record on appeal on defendant and claimant's motion papers fails to include a copy of the Decision and Order appealed from, fails to adequately identify the Decision and Order appealed from and fails to include a copy of the proposed record on appeal for which claimant seeks settlement and certification.
	December 3, 2018	2018-040-104 : QUINONES v. THE STATE OF NEW YORK, # 2018-040-104, Claim No. 129683, Motion No. M-92408, Cross-Motion No. CM-92625 M-92408 Both sides moved for summary judgment. Both motions denied.
	December 3, 2018	2018-018-982 : EDWARDS v. STATE OF NEW YORK, # 2018-018-982, Claim No. 128000  Claimant failed to prove his claim pursuant to 7 NYCRR section 1700.8. Claim is dismissed.
	November 30, 2018	2018-041-505 : MCFADDEN v. THE STATE OF NEW YORK, # 2018-041-505, Claim No. 113641  Claim alleging that correction officers assaulted the inmate/claimant without provocation on three separate times in different locations on the same day is dismissed after trial where claimant's testimony lacked credibility; to find liability Court would be required to discount the credible trial testimony of the correction officers and conclude that the correction officers conspired to repeatedly assault claimant without cause and without provocation, and, in the aftermath of the assaults, conspired to separately fabricate contemporaneous detailed written accounts of the events.
	November 30, 2018	2018-051-503 : JOHNSON v. THE STATE OF NEW YORK, # 2018-051-503, Claim No. 118328, 118527, 118609  Claimant was previously warned against filing frivolous claims, but failed to limit his litigation accordingly. Sanctions are awarded requiring the Court's permission before filing any new claims.
	November 29, 2018	2018-045-039 : CLARK v. THE STATE OF NEW YORK, # 2018-045-039, Claim No. 130843, Motion No. M-92458 M-92458 Defendant's motion to dismiss the claim as untimely.
	November 29, 2018	2018-041-081 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-041-081, Claim No. 129687, Motion No. M-92832 M-92832 Claimant's motion (M-92832) to reargue/renew defendant's prior dismissal motion (M-92240), which resulted in dismissal of claim for failure to serve claim by certified mail, return receipt requested, is denied; claimant's reargument/renewal motion is based upon the purported
	November 28, 2018	2018-038-597 : QOSHJA v. THE STATE OF NEW YORK, # 2018-038-597, Claim No. 122821, Motion No. M-92944, Cross-Motion No. CM-93045 M-92944 Motion to substitute claimant denied, cross motion to dismiss claim granted. Motion to substitute made more than 17 months after issuance of limited letters of administration, and movant offered no explanation why motion was not made within 6 months (Court of Claims Act 15).
	November 28, 2018	2018-050-063 : BOLAND v. THE STATE OF NEW YORK, # 2018-050-063, Claim No. 131450, Motion No. M-92411 M-92411 Defendant's motion to dismiss the claim is granted. Pro Se claimant did not oppose the motion. The claim herein alleged that various individuals and entities of the State of New York misled claimant regarding financial assistance for her mortgage payments on her home that was damaged in Superstorm Sandy.
	November 28, 2018	2018-038-596 : QOSHJA v. THE STATE OF NEW YORK, # 2018-038-596, Claim No. 126767, Motion No. M-92945, Cross-Motion No. CM-93046 M-92945 Motion to substitute claimant denied, cross motion to dismiss claim granted. Motion to substitute made more than 17 months after issuance of limited letters of administration, and movant offered no explanation why motion was not made within 6 months (Court of Claims Act 15).
	November 28, 2018	2018-031-513 : MURRAY v. THE STATE OF NEW YORK, # 2018-031-513, Claim No. 122684  While Claimant failed to demonstrate that his preexisting injury was exacerbated by negligent pat frisk, Defendant's negligence did cause Claimant undue pain and suffering at the time. Claimant awarded $1000.00.
	November 28, 2018	2018-041-080 : FIGAT v. THE STATE OF NEW YORK, # 2018-041-080, Claim No. 131830, Motion No. M-92853 M-92853 Claim is dismissed where Court lacks jurisdiction over claim which fails to adequately state the nature of the claim, as required by Court of Claims Act § 11 (b), and the claim was untimely filed and served.
	November 27, 2018	2018-038-595 : MIMS v. THE STATE OF NEW YORK, # 2018-038-595, Claim No. 130497, Motion No. M-92506 M-92506 Claimant's motion for summary judgment denied. Motion was unsupported by a complete copy of the pleadings, and was also unsupported by an expert affidavit or any other evidence addressing the standard of care.
	November 27, 2018	2018-038-594 : WARD v. THE STATE OF NEW YORK, # 2018-038-594, Claim No. 131625, Motion No. M-92561, Cross-Motion No. CM-92718 M-92561 Motion to dismiss claim for failure to serve by CMRRR granted. Claimant's cross motion for permission to file a late claim is granted; Court of Claims Act § 10 (6) does not require a proposed claim accompanying a motion for late claim relief to be verified if the appearance of factor merit is addressed in a supporting affidavit.
	November 27, 2018	2018-038-593 : DAVIS v. STATE OF NEW YORK, # 2018-038-593, Claim No. 129523, Motion No. M-92774 M-92774 Claimant's motion for a default judgment upon defendant's failure to answer the claim denied. Claimant failed to establish by proof in evidentiary form that he served the Attorney General with the claim.
	November 27, 2018	2018-041-079 : RUCANO v. THE STATE OF NEW YORK, # 2018-041-079, Claim No. 128599, Motion No. M-92729 M-92729 Claimant's motion for summary judgment on bailment claim is denied where claimant fails to prove, as a matter of law, that the property (legal papers) was lost or destroyed while in defendant's custody and control and fails to show that the allegedly lost legal papers had any value in a pending or future legal proceeding.
	November 26, 2018	2018-044-571 : JACOBS v. THE STATE OF NEW YORK, # 2018-044-571, Claim No. None, Motion No. M-92709 M-92709 Motion for late claim for negligent conduct and unlawful arrest.
	November 21, 2018	2018-0540-113 : CARRANZA v. THE STATE OF NEW YORK, # 2018-0540-113, Claim No. NONE, Motion No. M-92972 M-92972 Late claim application denied, movant failed to submit a proposed claim and did not set forth the particulars required to state a claim (Court of Claims Act § 10 [b]).
	November 21, 2018	2018-040-102 : CALVERLEY v. THE STATE OF NEW YORK, # 2018-040-102, Claim No. 131626, Motion No. M-92644 M-92644 Defendant's Motion to Dismiss Claim as untimely on the basis Claimant did not comply with the Court's Order granting her permission to file a Claim late, pursuant to CCA § 10(6), denied.
	November 21, 2018	2018-041-078 : FISHER v. THE STATE OF NEW YORK, # 2018-041-078, Claim No. NONE, Motion No. M-92702 M-92702 Application to file and serve late claim alleging that correction officer used excessive force on claimant is granted as allegations provide reasonable excuse for delay and cause to believe a valid cause of action may exist.
	November 21, 2018	2018-054-103 : YU v. NYS and NYC Child support office, # 2018-054-103, Claim No. 130481, Motion Nos. M-92632, M-92659 M-92632, M-92659 Claim dismissed, no service upon defendant.
	November 21, 2018	2018-040-103 : BALBI v. THE STATE OF NEW YORK, # 2018-040-103, Claim No. 129684, Motion No. M-92412 M-92412 Defendant's Motion to Dismiss for lack of jurisdiction denied.
	November 20, 2018	2018-054-115 : ZUCZENKO v. THE NEW YORK STATE THRUWAY AUTHORITY THE STATE OF NEW YORK, # 2018-054-115, Claim No. 118540, Motion No. M-91467 M-91467 Defendants' motion for summary judgment granted, defendants have shown that a finding that defendants' alleged negligence was a proximate cause of the accident would be based entirely upon speculation.
	November 20, 2018	2018-041-077 : JOE v. THE STATE OF NEW YORK, # 2018-041-077, Claim No. 123355, Motion No. M-92704, Cross-Motion No. CM-92800 M-92704 Claimant's motion to amend scheduling order and extend his time to disclose additional expert witnesses is granted; defendant's cross-motion to stay accrual of statutory interest on claimant's liability judgment due to claimant's delay in damages trial readiness is denied.