New York State Court of Claims

New York State Court of Claims

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Score: 744 June 27, 2017 2017-040-075 : MONTEGARI v. THE STATE OF NEW YORK, # 2017-040-075, Claim No. 127396, Motion No. M-89682 M-89682
State's Motion to Dismiss Claim as untimely served as required by CCA 10 & 11(a)(i) granted.
Score: 498 June 22, 2017 2017-041-043 : FLORES v. THE STATE OF NEW YORK, # 2017-041-043, Claim No. 123659, Motion No. M-89484 M-89484
Score: 670 June 21, 2017 2017-040-067 : GREENE v. THE STATE OF NEW YORK, # 2017-040-067, Claim No. 129163, Motion No. M-90070 M-90070
Claim dismissed as Notice of Intention failed to meet the specificity requirements of CCA 11(b) and, thus, did not extend the time to serve and file a Claim, resulting in the Claim being untimely served and filed.
Score: 449 June 21, 2017 2017-015-242 : WALKER v. THE STATE OF NEW YORK, # 2017-015-242, Claim No. 128879, Motion No. M-89732 M-89732
Claim was dismissed for lack of jurisdiction over the federal civil rights causes of action and for failure to meet the pleading requirements of Court of Claims Act 11 (b).
Score: 648 June 20, 2017 2017-040-066 : EMOND v. STATE OF NEW YORK, # 2017-040-066, Claim No. 123353, Motion No. M-90180 M-90180
State's Motion to Dismiss Claim on the basis it fails to meet the specificity requirements of CCA 11(b) denied.
Score: 713 June 19, 2017 2017-040-065 : KATSANOS v. THE STATE OF NEW YORK, # 2017-040-065, Claim No. 128640, Motion No. M-90381 M-90381
State's Motion to dismiss Claim granted as the Notice of Intent was not served and the Claim was not served and filed within 90 days of accrual as required by CCA 10(3), (3-b) and 11(a)(i).
Score: 388 June 19, 2017 2017-040-064 : RUPLE v. THE STATE OF NEW YORK, # 2017-040-064, Claim No. 124260, Motion No. M-90438 M-90438
Pro se Claimant's Motion for poor person status and assignment of counsel denied.
Score: 585 June 15, 2017 2017-038-543 : ROOTS v. THE STATE OF NEW YORK, # 2017-038-543, Claim No. 128610, Motion No. M-89871, Cross-Motion No. CM-90117 M-89871
Motion to dismiss untimely claim granted. Claimant's cross motion for late claim relief and to treat the notice of intention denied as jurisdictionally infirm, inasmuch as the cross motion was made more than 90 days after expiration of the one year statute of limitations for intentional torts. ( see CPLR 215 [3]).
Score: 347 June 14, 2017 2017-018-821 : O'CONNELL v. STATE OF NEW YORK, # 2017-018-821, Claim No. 123613, Motion No. M-89800, Cross-Motion No. CM-90013 M-89800
Defendant's motion for summary judgment is granted to the extent that it has established no qualitative or quantitative limitation or effect from Claimant's herniated disc/bulge and dura impingement, and no objective finding of a dura tear and spinal fluid leak attributable to this accident to support a finding of serious injury as defined in the Insurance Law, and Claimant has failed to raise a triable issue of fact. Defendant's motion is DENIED as to whether Claimant suffered a serious injury as defined by the statute. Claimant's cross-motion is GRANTED only to the extent of establishing Defendant's negligence.
Score: 585 June 13, 2017 2017-041-039 : BURKS v. THE STATE OF NEW YORK, # 2017-041-039, Claim No. NONE, Motion No. M-90127 M-90127
Application to file late claim alleging that defendant negligently supervised correction officers who allegedly assaulted claimant is denied where merit of proposed claim is not demonstrated by any competent admissible testimony or evidence.
Score: 475 June 13, 2017 2017-045-019 : JOHNSON v. THE STATE OF NEW YORK, # 2017-045-019, Claim No. 124995 
Inmate bailment claim, trial decision found in favor of claimant in the amount of $276.98.
Score: 757 June 12, 2017 2017-053-527 : WHATLEY v. CITY UNIVERSITY OF NEW YORK, # 2017-053-527, Claim No. 125583, Motion No. M-89551 M-89551
Defendant CUNY
Score: 704 June 12, 2017 2017-040-063 : SMITH v. THE STATE OF NEW YORK, # 2017-040-063, Claim No. 126796 
Claim dismissed based upon failure to appear at conference, after not responding to two letters from the Court, in accordance with Uniform Rules for the Court of Claims 206.10(g).
Score: 555 June 9, 2017 2017-038-540 : DRAKE v. THE STATE OF NEW YORK, # 2017-038-540, Claim No. 126759, Motion No. M-89804 M-89804
Defendant's motion to dismiss for failure to plead the requirements of Court of Claims Act 11(a) granted. Claimant sought to recover reward for information leading to the capture of prison escapees, but claim did not allege to whom, when or how claimant gave information about the escapees, and information about when claimant sought the reward money and who informed him that he was not entitled to it were also omitted from the claim.
Score: 347 June 8, 2017 2017-015-240 : FOX v. THE STATE OF NEW YORK, # 2017-015-240, Claim No. 129296, Motion No. M-90327 M-90327
Claimant's motion to compel disclosure was denied as he failed to establish that a notice for disclosure was previously served.
Score: 555 June 8, 2017 2017-015-241 : SCHMIDT v. THE STATE OF NEW YORK, # 2017-015-241, Claim No. 129485, Motion No. M-90370 M-90370
Claim was dismissed for improper service by certified mail without a return receipt requested.
Score: 420 June 7, 2017 2017-045-016 : BAILEY v. THE STATE OF NEW YORK, # 2017-045-016, Claim No. 123102 
Inmate claim, failure to appear at trial.
Score: 420 June 7, 2017 2017-045-015 : AYALA v. THE STATE OF NEW YORK, # 2017-045-015, Claim No. 122380 
Inmate claim, failure to appear at trial.
Score: 420 June 7, 2017 2017-040-062 : VILLEGAS v. THE STATE OF NEW YORK, # 2017-040-062, Claim No. 114311 
Failure to appear at Trial. Dismissed for failure to appear and prosecute action.
Score: 420 June 7, 2017 2017-015-239 : WEISSBROD GURVEY v. STATE OF NEW YORK, # 2017-015-239, Claim No. 128261, Motion No. M-90295 M-90295
Claimant's motion to renew or reargue was denied.
Score: 420 June 7, 2017 2017-045-017 : THOMAS v. THE STATE OF NEW YORK, # 2017-045-017, Claim No. 124349 
Inmate claim, failure to appear at trial.
Score: 420 June 7, 2017 2017-045-014 : BELL v. THE STATE OF NEW YORK, # 2017-045-014, Claim No. 123460 
Inmate claim, failure to appear at trial.
Score: 299 June 6, 2017 2017-040-061 : SMITH v. STATE OF NEW YORK; NEW YORK STATE THRUWAY AUTHORITY; NEW YORK STATE CANAL CORPORATION; NEW YORK STATE POWER AUTHORITY and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, # 2017-040-061, Claim No. 129152, Motion No. M-89896 M-89896
Defendants' Motion to Dismiss the Claim against all Defendants except the State of New York granted.
Score: 299 June 6, 2017 2017-015-238 : ELLIS v. THE STATE OF NEW YORK, # 2017-015-238, Claim No. 119567, Motion No. M-90248 M-90248
Score: 420 June 6, 2017 2017-015-235 : ANDERSON v. THE STATE OF NEW YORK, # 2017-015-235, Claim No. 128944, Motion No. M-90035 M-90035
Pro se inmate's motion to dismiss certain defenses was granted in part.
Score: 299 June 5, 2017 2017-015-236 : RODRIGUEZ v. STATE OF NEW YORK, # 2017-015-236, Claim No. NONE, Motion No. M-90215 M-90215
Movant's application to file a late claim for injuries sustained in 2007 was denied. The proper avenue of redress is a motion to vacate the dismissal that resulted from movant's failure to appear at the call of the calendar.
Score: 570 June 5, 2017 2017-015-234 : PETERSON v. THE STATE OF NEW YORK, # 2017-015-234, Claim No. 124197, Motion No. M-90145, Cross-Motion No. CM-90324 M-90145
Claimant's motion for a default judgment was denied and defendant's cross motion to dismiss the claim for lack of service was granted.
Score: 555 June 1, 2017 2017-029-037 : FERBER v. THE STATE OF NEW YORK, # 2017-029-037, Claim No. 123342 
Claimant's legs were severed during an automobile accident in which the intoxicated driver was going approximately 102.5 mph. when he lost control and slammed the automobile into a median guide rail. The guide rail broke apart, the driver was killed, and the passengers, including claimant, were injured. After a three day liability trial, the court found the State not liable for negligent maintenance of the guide rail.
Score: 388 June 1, 2017 2017-041-037 : FAULKNER v. THE STATE OF NEW YORK, # 2017-041-037, Claim No. 120511, Motion No. M-90093 M-90093
Claim served by regular mail more than ninety days after accrual is jurisdictionally defective and is dismissed.
Score: 475 May 31, 2017 2017-044-548 : FOX v. THE STATE OF NEW YORK, # 2017-044-548, Claim No. 122044, Motion No. M-90133 M-90133
Inmate claimant's claim for denial of right to freely exercise his religion dismissed for lack of subject-matter jurisdiction.
Score: 388 May 30, 2017 ?2017-050-022 : ANDERSON v. THE STATE OF NEW YORK, # ?2017-050-022, Claim No. 119385, Motion No. M-89218 M-89218
Defendant moves for summary judgment on an action which arises from one car accident which occurred on the LIE in January 2008. The Court found material questions of fact presented by the defendant's proof on the motion, pertaining to whether the defendant created or caused a dangerous condition or had constructive notice thereof. The presence of such factual issues necessitates denial of the defendant's motion.
Score: 347 May 30, 2017 2017-041-505 : TORRES v. THE STATE OF NEW YORK, # 2017-041-505, Claim No. 120510 
Claim is dismissed after trial where claimant failed to prove by a preponderance of the credible evidence when and how he came to be injured, and more specifically, failed to prove by a preponderance of the credible evidence that he sustained an injury on the date and in the manner set forth in the claim.
Score: 626 May 26, 2017 2017-015-233 : BROWN v. THE STATE OF NEW YORK, # 2017-015-233, Claim No. 128855, Motion No. M-90205 M-90205
Claim seeking damages for requiring that the claimant, an inmate, attend the Exposer Control Program and wear a Exposer Control Suit was dismissed for improper service and lack of subject matter jurisdiction.
Score: 722 May 26, 2017 2017-053-525 : LUMPKIN v. STATE OF NEW YORK, # 2017-053-525, Claim No. 128465, Motion No. M-89298, Cross-Motion No. CM-89299 M-89298
The State's motion to dismiss for failure to timely serve the claim is granted. Claimant's cross-motion for permission to late file a claim alleging improper actions by New York City Police Officers relating to violation of an order of protection is denied.
Score: 420 May 25, 2017 2017-041-036 : PETERSON v. THE STATE OF NEW YORK, # 2017-041-036, Claim No. 125496, Motion No. M-90144 M-90144
Claimant's motion for a default judgment is denied and the claim is dismissed as jurisdictionally defective due to claim not having been served on the Attorney General.
Score: 299 May 25, 2017 2017-053-511 : RAMULIC v. STATE OF NEW YORK, # 2017-053-511, Claim No. 119842, Motion No. M-89882 M-89882
The State's motion for summary judgment is denied as questions of fact exist as to the State's ownership and use of the premises at the time of the subject accident and whether the State was an out-of-possession owner or lessor of th premises.
Score: 793 May 24, 2017 2017-015-231 : JONES v. THE STATE OF NEW YORK, # 2017-015-231, Claim No. 129121, Motion No. M-90020 M-90020
Claim for damages alleging unjust conviction and seeking damages under Court of Claims Act 8-b was dismissed as claimant pled guilty to burglary, which was a charge included in the same accusatory instrument which charged claimant with murder. Although the murder charge was dismissed on one of the grounds specified in 8-b, claimant's plea of guilty to burglary barred recovery under the plain words of the statute.
Score: 475 May 24, 2017 2017-041-504 : ROONEY v. THE STATE OF NEW YORK, # 2017-041-504, Claim No. 117759 
Claimant failed to prove by a preponderance of the evidence at damages trial that defendant's negligent failure to timely retrieve and preserve portion of claimant's nose, bitten off during inmate-on-inmate assault, was a proximate cause of claimant's alleged injuries and damages.
Score: 420 May 24, 2017 2017-015-232 : ROMANO v. THE STATE OF NEW YORK, # 2017-015-232, Claim No. 123088, 123742, 123487, Motion No. M-90167 M-90167
Claimant's motion to proceed as a poor person on three claims was denied.
Score: 347 May 24, 2017 2017-040-060 : CAMPO v. THE STATE OF NEW YORK, # 2017-040-060, Claim No. 126075, Motion No. M-90136 M-90136
Pro se Claimant's Motion for summary judgment pursuant to CPLR 3213 denied as the section is inapplicable to this matter.
Score: 613 May 24, 2017 2017-038-539 : JARVIS v. THE STATE OF NEW YORK and THE STATE OF NEW YORK DEPARTMENT OF CORRECTIONS, # 2017-038-539, Claim No. 126657, Motion No. M-89238, Cross-Motion No. CM-89899 M-89238
Defendant's motion to dismiss claim granted. Claim was jurisdictionally defective because it was not timely served and did not satisfy the pleading requirements of Court of Claims Act 11(6). Claimant's cross motion to treat notice of intention as the claim denied as untimely, as the motion was not made until after the expiration of the longest potentially applicable statute of limitations.
Score: 613 May 24, 2017 2017-015-628 : ABREU v. THE STATE OF NEW YORK, # 2017-015-628, Claim No. 124227, 124309, 124341, 124489, 125123, Motion No. M-90066 M-90066
Five pro se inmate claims were tried by remote video conference and claimant was awarded damages on one of his bailment claims with the others being dismissed.
Score: 637 May 23, 2017 2017-041-035 : NICHOLS v. THE STATE OF NEW YORK, # 2017-041-035, Claim No. NONE, Motion No. M-89903 M-89903
Application to file late claim is granted where allegations provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 659 May 23, 2017 2017-040-057 : PAGE v. THE STATE OF NEW YORK, # 2017-040-057, Claim No. NONE, Motion No. M-89755 M-89755
Pro se Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 449 May 22, 2017 2017-038-538 : FRANZA v. THE STATE OF NEW YORK, # 2017-038-538, Claim No. 127681, Motion No. M-89777 M-89777
Claimant's motion to reargue prior order dismissing the claim denied.
Score: 420 May 22, 2017 2017-038-537 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2017-038-537, Claim No. None, Motion No. M-89857 M-89857
Late claim relief pursuant to Court of Claims Act 10(6) not authorized for inmate bailment claims brought pursuant to Court of Claims Act 10(9).
Score: 299 May 19, 2017 2017-040-055 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-055, Claim No. 129253, Motion No. M-90075 M-90075
Pro se Claimant's motion to compel production of documents denied.
Score: 585 May 19, 2017 2017-040-054 : MATIAS v. THE STATE OF NEW YORK, # 2017-040-054, Claim No. 125852, Motion No. M-89930 M-89930
State's motion to strike note of issue granted.
Score: 600 May 19, 2017 2017-040-056 : HEADLEY v. THE STATE OF NEW YORK, # 2017-040-056, Claim No. 121357, Motion No. M-90171 M-90171
Motion to dismiss Claim for failure to properly serve same granted. Claim served by regular mail.
Score: 475 May 18, 2017 2017-041-033 : TRAMMELL v. THE STATE OF NEW YORK, # 2017-041-033, Claim No. 123810, Motion No. M-89695, Cross-Motion No. CM-90067 M-89695
Claimant's motion for summary judgment as to defendant's liability for wrongfully confining the inmate/claimant and defendant's cross-motion for summary judgment dismissing claim are each denied where triable issues of material fact exist as to claimant's proper release date after a series of disciplinary proceedings involving separate incidents and charges and after a series of administrative reviews and re-hearings of the various incidents and charges.