New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 537 May 15, 2019 2019-053-007 : DEOYE v. STATE OF NEW YORK, # 2019-053-007, Claim No. 124703 
After a bifurcated trial on the issue of liability, the Court found that claimant failed to establish by a preponderance of the credible evidence that there was either an unusual number of accidents that occurred at the subject intersection subsequent to the removal of a crosswalk or that the failure to reinstall a crosswalk prior to claimant's accident created a hazardous or dangerous condition.  Existing record plans did not include a crosswalk at that location and this was an act involving judgment or discretion in planning and design of a highway for which the State is accorded a qualified immunity.
Score: 518 May 14, 2019 2019-053-011 : FABELO v. THE STATE OF NEW YORK, # 2019-053-011, Claim No. 126649 
In a trial by a pro se claimant asserting claims of negligence and inadequate medical care during his incarceration, the State moved to dismiss the claim for failing to timely file and serve his claim and for failing to call an expert witness.  The Court determined that the claim asserted a cause of action for medical malpractice and that the claim was timely. However, claimant's failure to present expert testimony at trial results in the dismissal of his claim.
Score: 600 May 8, 2019 2019-038-541 : CGI v. THE STATE OF NEW YORK, # 2019-038-541, Claim No. 132590, Motion No. M-93541 M-93541
In claim seeking money damages for the State's alleged breach of a contract relating to the development and implementation of software, claimant's motion for preliminary injunctive relief denied. Claimant sought to enjoin defendant from continuing use and alleged sharing of intellectual property, equitable relief that relates to claimant's request for declaratory judgment, over which Supreme Court has exclusive jurisdiction.
Score: 537 May 3, 2019 2019-038-539 : HALL v. NEW YORK STATE, # 2019-038-539, Claim No. 130612, Motion Nos. M-93232, M-93233, M-93301 M-93232, M-93233, M-93301
Defendant's motion to dismiss claim for lack of verification held in abeyance pending resolution of whether claimant served a claim along with a verification that was served after defendant rejected the unverified claim.
Score: 347 May 2, 2019 2019-015-136 : FOX v. THE STATE OF NEW YORK, # 2019-015-136, Claim No. 129296, Motion No. M-93668 M-93668
Pro se inmate's motion for the issuance of a trial subpoena was denied as the claim is not scheduled for trial.
Score: 420 May 1, 2019 2019-038-537 : MYRICK v. STATE OF NEW YORK, # 2019-038-537, Claim No. 123763, Motion No. M-93582 M-93582
Defendant's motion to dismiss claim for lack of verification granted.
Score: 449 May 1, 2019 2019-032-028 : VERSACE v. THE STATE OF NEW YORK, # 2019-032-028, Claim No. 130424, Motion No. M-93359 M-93359
Claimant's motion for summary judgment is denied.
Score: 449 May 1, 2019 2019-038-536 : NELSON v. STATE OF NEW YORK, # 2019-038-536, Claim No. 123539, Motion No. M-93575 M-93575
Defendant's motion to dismiss for lack of jurisdiction granted. Claim timely served but was filed more than 90 days after accrual. Request for late claim relief denied as beyond the statute of limitations.
Score: 744 April 24, 2019 2019-015-134 : YOUNG v. THE STATE OF NEW YORK, # 2019-015-134, Claim No. 126361, Motion No. M-93677 M-93677
Pro se inmate's claim alleging the loss of certain personal property was dismissed for improper service and, with respect to the second and third claims that were properly served, untimely service. Defendant's answer to the same claim served multiple times was treated as an amended answer served without leave but it was not a nullity because claimant failed to reject it or otherwise establish prejudice.
Score: 347 April 22, 2019 2019-040-037 : OLDHAM v. STATE OF NEW YORK, # 2019-040-037, Claim No. 125034, Motion No. M-93638 M-93638
Pro se Claimant's Motion for Trial Preference denied as moot as Trial scheduled for August 14, 2019.
Score: 648 April 17, 2019 2019-040-029 : CAMPO v. THE STATE OF NEW YORK, # 2019-040-029, Claim No. 126075, Motion No. M-93266 M-93266
Pro se Claimant's Motion to strike State's Answer and for summary judgment denied.
Score: 570 April 17, 2019 2019-040-030 : SHATTUCK v. THE STATE OF NEW YORK, # 2019-040-030, Claim No. 132050, Motion No. M-93344 M-93344
Pro se Claimant's Motion to compel discovery responses denied.
Score: 659 April 17, 2019 2019-041-019 : COOPER v. THE STATE OF NEW YORK, # 2019-041-019, Claim No. 131452, Motion No. M-93147, Cross-Motion No. CM-93423 M-93147
Defendant's motion to dismiss the claim pursuant to CPLR 215 (3) and Court of Claims Act 10 (3-b) as time-barred, and pursuant to Court of Claims Act 11 (b) as jurisdictionally defective for failure to adequately state the nature of the claim, is denied where claim was served within time periods set forth in Court of Claims Act 10 (2) and 10 (3) and adequately states causes of action for wrongful death and negligence; claimant's cross-motion to serve and file an amended claim is granted.
Score: 420 April 17, 2019 2019-041-017 : APONTE v. THE STATE OF NEW YORK, # 2019-041-017, Claim No. 131396, Motion No. M-93600 M-93600
Motion to dismiss claim in lieu of answer is granted where claimant's cause of action for intentional refusal to provide medical treatment and cause of action alleging that correction officers assaulted claimant were not served within time periods set forth in CPLR 215 and Court of Claims Act 10 (3-b).
Score: 236 April 16, 2019 2019-018-026 : JACKSON v. STATE OF NEW YORK, # 2019-018-026, Claim No. 124312 
Claimant, in seeking damages for wrongful confinement, failed to establish that the Tier III Hearing failed to comply with governing rules and regulations. The State's action in confining Claimant in the SHU was privileged.
Score: 518 April 15, 2019 2019-038-528 : DINERMAN v. NY LOTTERY, # 2019-038-528 , Claim No. 131130, Motion No. M-93350 M-93350
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b).
Score: 475 April 15, 2019 2019-018-024 : STEWART v. STATE OF NEW YORK, # 2019-018-024, Claim No. 131103 
Court dismisses claim finding Claimant did not establish that the State was negligent in conducting a contraband watch, the actions of correction officers were discretionary, and Claimant did not prove he suffered any injury.
Score: 299 April 15, 2019 2019-032-021 : IFILL v. THE STATE OF NEW YORK, # 2019-032-021, Claim No. 130520, Motion No. M-93198 M-93198
Claimant's motion for a trial preference is denied as moot.
Score: 570 April 15, 2019 2019-038-531 : WISDOM v. THE STATE OF NEW YORK, # 2019-038-531, Claim No. 127060, Motion No. M-93449 M-93449
Defendant's motion to dismiss the claim granted. Notice of intention was served more than 90 days after accrual, and thus the subsequently filed and served claim was jurisdictionally defective due to untimeliness. The lack of timeliness could not be cured by an amended claim, nor can a jurisdictional defect be excused.
Score: 704 April 15, 2019 2019-032-502 : MORAWSKI v. THE STATE OF NEW YORK, # 2019-032-502, Claim No. 123752 
Following a unified trial assessing both liability and damages, the Court awarded claimant $30,000 for defendant's negligence in filling claimant's prescription with the incorrect medication and failure to properly treat the symptoms that resulted from such negligence.
Score: 518 April 15, 2019 2019-038-526 : DINERMAN v. NY LOTTERY, # 2019-038-526, Claim No. 131128, Motion No. M-93348 M-93348
Defendant's motion to dismissed granted. Claimant patently fails to comply with Court of Claims Act § 11 (b).
Score: 518 April 15, 2019 2019-038-530 : DINERMAN v. NY LOTTERY, # 2019-038-530, Claim No. 131798, Motion No. M-93352 M-93352
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b).
Score: 518 April 15, 2019 2019-038-529 : DINERMAN v. NY LOTTERY, # 2019-038-529, Claim No. 131131, Motion No. M-93351 M-93351
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b).
Score: 518 April 15, 2019 2019-038-527 : DINERMAN v. NY LOTTERY, # 2019-038-527, Claim No. 131129, Motion No. M-93349 M-93349
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b).
Score: 518 April 12, 2019 2019-038-524 : ISOM v. THE STATE OF NEW YORK, # 2019-038-524, Claim No. 132104, Motion No. M-93081 M-93081
Defendant's motion to dismiss for lack of jurisdiction granted. Employees of a Town Police Department, County Sheriff's Department and county District Attorneys are local employees and the State cannot be found liable for their tortious conduct.
Score: 555 April 12, 2019 2019-053-008 : ROSS v. STATE OF NEW YORK, # 2019-053-008, Claim No. 131777 
After the Court notified the pro se claimant that his continued failure to appear for case status conferences and to respond to pretrial discovery demands could result in the dismissal of his claim, claimant again failed to appear for a scheduled case status conference. Pursuant to Court of Claims Act Section 19 and 22 NYCRR 206.10 (g), the claim is dismissed without prejudice.
Score: 420 April 11, 2019 2019-038-522 : ROBINSON v. THE STATE OF NEW YORK, DEPT. OF CORR., # 2019-038-522, Claim No. 127339, Motion No. M-93144, Cross-Motion No. CM-93204 M-93144
Defendant's cross motion to dismiss the claim for failure to state a cause of action for unlawful confinement and retaliatory conduct granted and claimant's motion for summary judgment denied as moot.
Score: 518 April 11, 2019 2019-038-520 : MALDONADO v. THE STATE OF NEW YORK, # 2019-038-520, Claim No. 132176, Motion Nos. M-93201, M-93235, Cross-Motion No. CM-93282 M-93201, M-93235
Defendant's motion to dismiss in lieu of answer granted for failure to comply with the pleading requirements of Court of Claims Act § 11 (b) and failure to state a cause of action. Claimant's motion for summary judgment and defendant's cross motion denied as moot.
Score: 420 April 10, 2019 2019-032-501 : PATRICK v. THE STATE OF NEW YORK, # 2019-032-501, Claim No. 127561 
Following a trial, the claim is dismissed for claimant's failure to prove the claim by a preponderance of the credible evidence. Claimant failed to show that defendant had actual or constructive notice of the snowy and icy condition of a walkway at Greene Correctional Facility, or that defendant failed to alleviate the condition within a reasonable period of time.
Score: 678 April 9, 2019 2019-032-024 : ENGLER v. THE STATE OF NEW YORK, # 2019-032-024, Claim No. 128391, 128311, Motion Nos. M-93105, M-93072 M-93105, M-93072
Defendant's summary judgment motions denied.
Score: 537 April 9, 2019 2019-053-003 : WYSOCKI v. STATE OF NEW YORK, # 2019-053-003, Claim No. 120931 
After a bifurcated trial on the issue of liability, the Court found that claimant failed to establish negligence and the claim against the State was dismissed.  Claimant was injured after being ejected from a motorcycle that encountered a section of raised or buckled pavement.  The Court found that there was no proof to establish when the pavement was damaged or that the State had actual or constructive notice of its condition prior to claimant's accident.
Score: 475 April 8, 2019 2019-054-018 : BLANCO v. THE STATE OF NEW YORK, # 2019-054-018, Claim No. 129219, Motion No. M-92526 M-92526
Summary judgment granted to claimant passenger motor vehicle accident
Score: 475 April 8, 2019 2019-050-013 : Title not available SP-195
Petition for the distribution of funds deposited into an eminent domain account pursuant to EDPL § 304 and Court of Claims Act § 23 is granted.
Score: 420 April 5, 2019 2019-054-019 : MOTTA v. STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY and NEW YORK STATE DIVISION OF STATE POLICE, # 2019-054-019, Claim No. 121655, Motion No. M-93248 M-93248
Summary judgment awarded to defendant dismissing the claim, traffic control by State trooper entitled to government immunity.
Score: 236 April 5, 2019 2019-038-518 : CINTRON v. STATE OF NEW YORK, # 2019-038-518, Claim No. 130074, Motion No. M-92963, Cross-Motion No. CM-93054 M-92963
Claimant's motion and defendant's cross motion for summary judgment denied. Claimant proved prima facie a regulatory violation but did not prove prejudice, therefrom, and thus failed to demonstrate a violation of due process. Moreover, no violation of due process on second concurrent IMR was alleged.
Score: 420 April 5, 2019 2019-038-517 : GARMLEY v. STATE OF NEW YORK(1) , # 2019-038-517, Claim No. 129218, Motion No. M-93584 M-93584
Claimant's motion for post-note of issue in camera review of a DEC Forest Ranger's personnel file is denied. Although claimant was not conducting a pre-note of issue fishing expedition, the facts anticipated to be found in the personnel file would not be admissible at trial for the litigation purposes expressly proposed by claimant, and accordingly, in camera review of the personnel file was unwarranted.
Score: 236 April 5, 2019 2019-038-519 : DRAYTON v. THE STATE OF NEW YORK, # 2019-038-519, Claim No. 132212, Motion No. M-93246 M-93246
Defendant's motion to dismiss claim held in abeyance. Subsequent to the motion, claimant filed an amended claim, which supersedes the original claim. Defendant granted leave to respond to the amended claim, and claimant granted leave to reply thereto.
Score: 475 April 3, 2019 2019-054-014 : WORD v. THE STATE OF NEW YORK, # 2019-054-014, Claim No. 131356, Motion No. M-93478 M-93478
claimant's motion for renewal denied, lacking a basis under CPLR 2221 (e)
Score: 585 April 3, 2019 2019-032-022 : MARINO v. THE STATE OF NEW YORK, # 2019-032-022, Claim No. 124936, Motion Nos. M-92742, M-93173 M-92742, M-93173
Claimant's motions to compel discovery granted in part and denied in part.
Score: 555 April 2, 2019 2019-032-020 : VARGAS v. THE STATE OF NEW YORK, # 2019-032-020, Claim No. None, Motion No. M-93088 M-93088
Movant's motion for permission to file and serve a late claim is denied for movant's failure to attach a proposed claim to the moving papers.
Score: 518 April 1, 2019 2019-032-019 : COKE v. THE STATE OF NEW YORK, # 2019-032-019, Claim No. 131512, Motion No. M-93160, Cross-Motion No. CM-93283 M-93160
Defendant's motion to dismiss the claim is granted. The Court of Claims lacks subject matter jurisdiction to review DOCCS' administrative determination regarding claimant's eligibility to participate in a Master's Program.
Score: 613 March 29, 2019 2019-045-012 : JACKSON v. THE STATE OF NEW YORK, # 2019-045-012, Claim No. 129390, Motion No. M-93242 M-93242
Claimant's motion to vacate the Court's prior Decision and Order in this matter.
Score: 498 March 28, 2019 2019-032-017 : FEENEY v. THE STATE OF NEW YORK, # 2019-032-017, Claim No. None, Motion No. M-93002 M-93002
Movant's motion for permission to file and serve a late claim is denied for movant's failure to attach a proposed claim to the moving papers.
Score: 449 March 28, 2019 2019-041-014 : WRIGHT v. THE STATE OF NEW YORK, # 2019-041-014, Claim No. 131663, Motion No. M-93483 M-93483
Claimant's motion to dismiss defendant's defenses and for sanctions is granted in part and denied in part.
Score: 570 March 27, 2019 2019-032-016 : MOREHOUSE v. THE STATE OF NEW YORK, # 2019-032-016, Claim No. 130021, Motion No. M-93059, Cross-Motion No. CM-93182 M-93059
Defendant's motion to dismiss granted for claimant's failure to properly verify the claim.
Score: 648 March 27, 2019 2019-032-015 : SPIGNER v. THE STATE OF NEW YORK, # 2019-032-015, Claim No. 130043, Motion No. M-93297 M-93297
Claimant's motion for spoliation sanctions is denied where claimant failed to show that the video footage in question was relevant to the claim, or that it was negligently destroyed. Claimant may renew his application at trial if the elements of spoliation are established at that time.
Score: 388 March 27, 2019 2019-040-027 : GONZALEZ v. STATE OF NEW YORK, # 2019-040-027, Claim No. 127820, Motion No. M-93313 M-93313
Pro se Claimant's Motion for poor person status and assignment of counsel denied.
Score: 299 March 26, 2019 2019-041-501 : THOMPSON v. THE STATE OF NEW YORK, # 2019-041-501, Claim No. 122788 
Claim alleging that correction officers used excessive force on claimant during cell search is dismissed after trial where claimant's testimony alleging a series of severe beatings by the officers was belied by contemporaneous medical records and photographs of claimant and the credible testimony of defendant's trial witnesses demonstrated that the use of force upon claimant was authorized and appropriate under the circumstances.
Score: 713 March 25, 2019 2019-040-026 : PAGAN v. THE STATE OF NEW YORK, # 2019-040-026, Claim No. NONE, Motion No. M-93003 M-93003
Motion for Permission to serve and file a Claim late pursuant to CCA § 10(6) granted in part.
Score: 613 March 25, 2019 2019-032-014 : VAZQUEZ v. THE STATE OF NEW YORK, # 2019-032-014, Claim No. 129188, Motion No. M-92691, Cross-Motion No. CM-93056 M-92691
The claim is dismissed for failure to comply with the service requirement of Court of Claims Act § 11.