New York State Court of Claims

New York State Court of Claims

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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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 613 November 2, 2017 2017-053-568 : BOWLER v. STATE OF NEW YORK, WESTERN NEW YORK DEVELOPMENTAL DISABILITY SERVICES OFFICE, ALDEN IRA GROUP HOME, # 2017-053-568, Claim No. 127255, Motion No. M-90654 M-90654
Claimants' motion for an extension of time, nunc pro tunc, within which to file and serve a late claim is granted. The Court's earlier decision and order granting permission to file a late claim provided that claimant was to file and serve the proposed claim within 60 days, however, claimant filed and served the claim nine days late. Applying CPLR 2004, the Court finds a nine day delay short and there was no showing of prejudice to the defendants.
Score: 570 November 1, 2017 2017-029-069 : ARMSTRONG v. THE STATE OF NEW YORK, # 2017-029-069, Claim No. 124150 
The pro se claim alleged negligence by correctional facility in failing to apply salt and shovel snow, and to cancel inmate work programs during a blizzard, resulting in inmate slipping, falling and breaking ankle. At the trial on liability, defendant failed to argue and offer evidence of immunity as a defense at trial. The court found defendant was liable for negligence to the extent that it failed to shut down the work program claimant was participating in as a
Score: 696 October 31, 2017 2017-015-271 : DeCOSMO v. STATE OF NEW YORK, # 2017-015-271, Claim No. NONE, Motion Nos. M-90896, M-90898 M-90896, M-90898
Motions to file a late claim or treat a notice of intention as a claim were both denied as the underlying statute of limitations for wrongful death and personal injuries had both expired when the motions were made.
Score: 449 October 30, 2017 2017-053-566 : GRAY v. THE STATE OF NEW YORK, # 2017-053-566, Claim No. 123843, Motion No. M-90722 M-90722
Defendant's motion for summary judgment to dismiss the claim for lack of jurisdiction is granted. Claimant served his first notice of intention by regular mail, which is not an authorized method of service. As a result, the notice of intention is a nullity and does not extend claimant's time to serve a claim. The claim was served more than ninety days after the claim accrued and although served by certified mail, return receipt requested, the claim is jurisdictionally defective as it was not timely served. Claimant failed to comply with the time limitations and the manner of service requirements of Court of Claims Act 11 (c).
Score: 449 October 30, 2017 2017-040-131 : BEST v. THE STATE OF NEW YORK, # 2017-040-131, Claim No. 122099 
Claim dismissed as Claimant failed to appear for Trial and prosecute the Claim.
Score: 449 October 30, 2017 2017-040-134 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-134, Claim No. 129253, Motion No. M-90868 M-90868
Pro se Claimant's Motion for sanctions denied.
Score: 420 October 30, 2017 2017-041-077 : BARDIN v. THE STATE OF NEW YORK, # 2017-041-077, Claim No. 127912, Motion No. M-90883 M-90883
Defendant's motion to dismiss wrongful confinement claim on the ground that claimant's confinement pursuant to parole revocation warrant was privileged is denied on the following grounds: Defendant failed to satisfy its initial summary judgment burden of proof by failing to submit the parole revocation warrant on which its motion is based; the claimant is entitled to a deposition of the defendant pursuant to CPLR 3212 (f) to determine why defendant delayed releasing claimant from confinement for nineteen (19) days after proof of the criminal charge dismissal which was the basis of the parole revocation warrant was provided to defendant; an issue of fact is raised as to why claimant remained confined for 19 days after defendant was notified, and acknowledged in writing, that the mistaken and unfounded criminal charge which was the sole basis of the Parole Revocation Warrant had been dismissed.
Score: 659 October 27, 2017 2017-053-564 : MAYANDUENA v. THE STATE OF NEW YORK, # 2017-053-564, Claim No. NONE, Motion No. M-90578 M-90578
Movant's motion to reargue his prior motion for permission to late file a claim pursuant to CPLR 2221 (d) is denied. Movant only addresses the first of six statutory factors provided by Court of Claims Act 10 (6). Movant may file a subsequent motion for permission to late file a claim that includes a proposed claim with the correct accrual date, is in compliance with Court of Claims Act 11 (b), and addresses all factors set forth in Court of Claims Act 10 (6).
Score: 388 October 27, 2017 2017-041-076 : RAHMAN v. THE STATE OF NEW YORK, # 2017-041-076, Claim No. 129989, Motion No. M-90976 M-90976
Motion to dismiss claim alleging assault and medical malpractice is granted where claim was not served within ninety day time period set forth in Court of Claims Act 10.
Score: 670 October 27, 2017 2017-041-075 : GABRIEL v. THE STATE OF NEW YORK, # 2017-041-075, Claim No. 129738, Motion No. M-90747 M-90747
Claim seeking damages premised upon the New York State Department of Labor filing a criminal larceny complaint against claimant based upon an administrative determination that claimant was ineligible for unemployment benefits and had unlawfully received $17,755 in overpayments is dismissed based upon failure to state a cause of action and, to the extent the claim challenges the underlying administrative determination, is dismissed for lack of subject matter jurisdiction.
Score: 388 October 18, 2017 2017-054-005 : ALSAIFULLAH v. THE STATE OF NEW YORK AND ITS INDEMNIFIED EMPLOYEES, SERVANTS AND AGENTS, # 2017-054-005, Claim No. 129374, Motion No. M-91076 M-91076
Untimely service of claim, service of Amended Claim cannot cure a jurisdictionally defective claim.
Score: 449 October 18, 2017 2017-054-007 : BORDEAU v. THE STATE OF NEW YORK, # 2017-054-007, Claim No. 126607, Motion No. M-91089 M-91089
Assault by correction officer-Claim dismissed- improper service and untimely filing of the claim.
Score: 475 October 18, 2017 2017-018-841 : Webster v. STATE OF NEW YORK, # 2017-018-841, Claim No. 116022, Motion No. M-90137 M-90137
Defendant brings a motion to dismiss for untimely commencement - Court of Claims Act 10 (3-a), and the statute of limitations (CPLR 214-a) pursuant to 3212. Defendant's burden to establish by prima facie proof that the time limitations for bringing this action have lapsed, a burden Defendant has not met ( Edwards v Coughlin, 191 AD2d 1044 [4th Dept 1993]). Motion denied.
Score: 299 October 18, 2017 2017-054-006 : ALSAIFULLAH v. THE STATE OF NEW YORK AND ITS INDEMNIFIED EMPLOYEES, SERVANTS AND AGENTS, # 2017-054-006, Claim No. 129374, Motion No. M-91056 M-91056
Claim dismissed so motion is rendered moot.
Score: 388 October 18, 2017 2017-054-004 : CABRERA v. THE STATE OF NEW YORK, # 2017-054-004, Claim No. 129533, Motion No. M-91036 M-91036
Claim dismissed-No jurisdiction over NYC Police Department and NYC District Attorney's Office
Score: 555 October 18, 2017 2017-015-269 : KRUGLOV v. STATE OF NEW YORK, # 2017-015-269, Claim No. 128274, Motion No. M-90845 M-90845
Claim for negligent misrepresentations allegedly made by a representative of the DMV was dismissed for untimely service and for failure to state a cause of action.
Score: 420 October 18, 2017 2017-054-008 : BOURAZANIS v. THE STATE OF NEW YORK, # 2017-054-008, Claim No. 129724, Motion No. M-91138 M-91138
Claimant must pay reasonable costs for copies of medical records.
Score: 449 October 17, 2017 2017-041-072 : BURKE v. THE STATE OF NEW YORK, NEW YORK STATE CANAL CORPORATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEW YORK STATE THRUWAY AUTHORITY, # 2017-041-072, Claim No. 124686, Motion No. M-90763 M-90763
Claimants' second motion for an order compelling discovery and for additional time to file and serve a note of issue and certificate of readiness is granted in part and denied in part as follows: Defendants are directed to provide a further affidavit and deposition as to the disposition of the Cornmire e-mails with respect to the Project; claimant's are granted a further deposition of a Canal Corporation employee with knowledge as to changes in the condition of the Utica Harbor
Score: 537 October 16, 2017 2017-041-070 : HERNANDEZ v. THE STATE OF NEW YORK, # 2017-041-070, Claim No. 119760, Motion No. M-90729 M-90729
Defendant's motion for summary judgment dismissing claim based upon inmate-on-inmate assault is denied where issues of fact exists as to allegations that defendant's correction officer failed to provide proper supervision of the inmates who assaulted the claimant and failed to be at his post to timely intervene to stop the assault and mitigate the injuries and damages inflicted on claimant.
Score: 498 October 16, 2017 2017-015-267 : WALLACE v. THE STATE OF NEW YORK, # 2017-015-267, Claim No. 123990 
Dental malpractice claim arising from the extraction of a wisdom tooth and resulting nerve damage was dismissed following trial.
Score: 704 October 16, 2017 2017-041-070 : TUITT v. THE STATE OF NEW YORK, # 2017-041-070, Claim No. 127760, Motion No. M-90562, Cross-Motion No. CM-90670 M-90562
Defendant's cross-motion to dismiss wrongful confinement/negligence claim arising from claimant's post-release supervision assignment to residential treatment facility located within correctional facility is granted where claim fails to state a cause of action for either wrongful confinement or negligence and where Court of Claims lacks subject matter jurisdiction over challenge to administrative acts and/or omissions of Parole Board.
Score: 613 October 13, 2017 2017-044-575 : BONNETTE v. THE STATE OF NEW YORK, # 2017-044-575, Claim No. 108849, Motion No. M-90784 M-90784
Motion for permission to file/serve late answer granted based upon reasonable excuse and apparent meritorious defense.
Score: 347 October 13, 2017 2017-041-068 : BEDORE v. THE STATE OF NEW YORK, # 2017-041-068, Claim No. 126525, Motion No. M-90716 M-90716
Claimant's motion to compel disclosure of transcripts and CD recordings of police officer interviews and disclosure of Critical Incident Report concerning fatal accident involving New York State Police vehicle is granted.
Score: 236 October 13, 2017 2017-041-069 : CARRASCO v. THE STATE OF NEW YORK, # 2017-041-069, Claim No. 124810, Motion No. M-90739 M-90739
Defendant's unopposed motion for summary judgment dismissing wrongful confinement claim is granted based upon defendant's quasi-judicial hearing absolute immunity.
Score: 236 October 12, 2017 2017-038-579 : DEXTER v. THE STATE OF NEW YORK, # 2017-038-579, Claim No. 126264, Motion No. M-90515 M-90515
Claimant's motion for partial summary judgment on claim for unlawful confinement denied. Claimant offered no proof or argument on an element of the cause of action, thereby failing to demonstrate his entitlement to judgment as a matter of law.
Score: 600 October 12, 2017 2017-038-578 : NANTON v. THE STATE OF NEW YORK, # 2017-038-578, Claim No. 129740, Motion No. M-90656 M-90656
Defendant's motion to dismiss unlawful excessive confinement claim granted. Notice of intention to file the claim sounding in intentional tort was timely served thereby extending claimant's time to file and serve the claim by one year in accordance with Court of Claims Act 10 (b-3). Claim was not served until almost two years after accrual.
Score: 659 October 11, 2017 2017-038-577 : WILLIAMS v. STATE OF NEW YORK(1) , # 2017-038-577, Claim No. 116678, Motion No. M-89908, Cross-Motion No. CM-90056 M-89908
Defendant's motion to dismiss claim for wrongful excessive confinement in SHU for lack of subject matter jurisdiction denied. Claimant filed administrative grievances regarding the failure to timely release him from the SHU, but he was not seeking review of the administrative determinations. The claim is properly viewed as stating a cause of action in tort. Claimant's motion to amend the amended claim denied, because neither the proposed second amended claim or claimant's motion papers clearly showed the proposed changes or additions as is required by CPLR 3025 (b).
Score: 570 October 11, 2017 2017-018-837 : GEICO v. STATE OF NEW YORK, # 2017-018-837, Claim No. 129820, Motion No. M-90847 M-90847
Claim dismissed - Court of Claims Act 10 [3], 11 [b].
Score: 776 October 11, 2017 2017-040-130 : RUPLE v. THE STATE OF NEW YORK, # 2017-040-130, Claim No. 124260, Motion No. M-90589 M-90589
State's Motion to dismiss based upon Claimant's failure to timely serve the Claim granted.
Score: 518 October 11, 2017 2017-038-576 : GORHAM v. THE STATE OF NEW YORK, # 2017-038-576, Claim No. 129494, Motion No. M-90487, Cross-Motion No. CM-90671 M-90487
Defendant's motion to dismiss for lack of jurisdiction for failure to serve claim by CRRR. Claimant's motion pursuant to Court of Claims Act 10 (6) and CPLR 205 (a) is denied. Late claim relief is not available for an inmate's claim for lost or damaged property, and authority to recommence an action pursuant to CPLR 205 (a) does not apply where initial action was dismissed for lack of personal jurisdiction.
Score: 388 October 11, 2017 2017-018-836 : NORRELL v. STATE OF NEW YORK, # 2017-018-836, Claim No. 128786, Motion No. M-90770 M-90770
Claimant's motion for summary judgment is granted solely to the extent that Defendant's ninth affirmative defense is dismissed, and it is otherwise denied.
Score: 696 October 11, 2017 2017-044-013 : LOPEZ v. THE STATE OF NEW YORK, # 2017-044-013, Claim No. 124067 
Claim for intentional misconduct, negligence, medical malpractice/negligence based upon collapse of weight bench and subsequent medical treatment dismissed after trial.
Score: 236 October 10, 2017 2017-018-834 : PRIMER v. STATE OF NEW YORK, # 2017-018-834, Claim No. 124123, Motion No. M-90466 M-90466
Claimant's motion for partial summary judgment on her claim for damages is granted only to the extent of establishing Defendant's negligence. The issues of serious personal injury and damages will be determined at trial (Insurance Law 5102 [d]).
Score: 570 October 10, 2017 2017-015-268 : HARDIN v. THE STATE OF NEW YORK, # 2017-015-268, Claim No. 126689, Motion No. M-90795, Cross-Motion No. CM-90858 M-90795
Conversion claim was dismissed for lack of jurisdiction and, in any event, was meritless.