New York State Court of Claims

New York State Court of Claims

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Score: 804 January 7, 2022 2022-058-007 : MARIN v. STATE OF NEW YORK, # 2022-058-007, Claim No. 136718, Motion No. M-97245 M-97245
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 299 January 7, 2022 2022-028-500 : BAKER v. THE STATE OF NEW YORK, # 2022-028-500, Claim No. 124072, Motion No. M-97672 M-97672
Score: 776 January 6, 2022 2022-058-004 : PERRI v. STATE OF NEW YORK, # 2022-058-004, Claim No. 136829, Motion No. M-97293 M-97293
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 804 January 6, 2022 2022-058-006 : AIKEN v. STATE OF NEW YORK, # 2022-058-006, Claim No. 136782, Motion No. M-97310 M-97310
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 776 January 6, 2022 2022-058-005 : T.R. v. STATE OF NEW YORK , # 2022-058-005, Claim No. 136804, Motion No. M-97265 M-97265
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 770 January 5, 2022 2022-058-003 : FLUKER v. STATE OF NEW YORK, # 2022-058-003, Claim No. 136778, Motion No. M-97258 M-97258
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 696 January 5, 2022 2022-059-001 : SCHOENTUBE v. THE STATE OF NEW YORK, # 2022-059-001, Claim No. None, Motion No. M-97171 M-97171
Score: 804 January 4, 2022 2022-058-077 : JOHNSON v. STATE OF NEW YORK, # 2022-058-077, Claim No. 136719, Motion No. M-97240 M-97240
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 770 January 3, 2022 2022-058-076 : FORD v. STATE OF NEW YORK, # 2022-058-076, Claim No. 136721, Motion No. M-97238 M-97238
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 637 December 23, 2021 2021-053-568 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-568, Claim No. 129312, Motion No. M-97631 M-97631
Prior to commencement of a medical malpractice trial, defendant brought a motion seeking to compel claimant to produce certain material relied upon and referenced in the report of claimant's Life Care Planner; produce exercise sheets provided to claimant by her treating physician; and order a non-party deposition of a licensed massage therapist referenced by the Life Care Planner.  Motion denied in part as to the production of material relied upon by the Life Care Planner as defendant failed to demonstrate that it had a substantial need for the foundational materials relied upon by claimant's expert.  The Court granted the relief sought as to production of the exercise sheets and to conduct the non-party deposition.
Score: 804 December 22, 2021 2021-059-078 : ALATI v. THE STATE OF NEW YORK, # 2021-059-078, Claim No. 133697, Motion No. M-96954 M-96954
Score: 770 December 22, 2021 2021-058-075 : NELSON v. STATE OF NEW YORK , # 2021-058-075, Claim No. 136830, Motion No. M-97275 M-97275
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 776 December 22, 2021 2021-058-074 : N.D. v. STATE OF NEW YORK, # 2021-058-074, Claim No. 136530, Motion No. M-97123 M-97123
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 659 December 22, 2021 2021-054-048 : MOORATY v. STATE OF NEW YORK, COUNTY OF DUTCHESS, DUTCHESS COUNTY DISTRICT ATTORNEY'S OFFICE, NEW YORK STATE TROOPER ZACHARY T. ZYSKOWSKI, JOHN DOES STATE TROOPERS 1 through 99, and JANE DOES STATE TROOPERS 1 through 99, # 2021-054-048, Claim No. 136658, Motion No. M-97181 M-97181
Claim against the Dutchess County and the Dutchess County DA's office dismissed due to lack of jurisdiction.
Score: 537 December 22, 2021 2021-054-054 : EREIFEJ v. THE STATE OF NEW YORK, # 2021-054-054, Claim No. 133473, Motion No. M-97208 M-97208
Claim dismissed on the Court's Order to Show Cause; claim not served on the attorney general's office.
Score: 637 December 22, 2021 2021-041-062 : v. THE STATE OF NEW YORK, # 2021-041-062, Claim No. 136976, Motion No. M-97388 M-97388
Court lacks subject matter jurisdiction over claim which failed to state the date claim arose and failed to set forth the items of damage and total sum claimed, as required by Court of Claims Act 11 (b); subject matter jurisdiction defects cannot be cured by amendment of jurisdictionally defective claim.
Score: 776 December 22, 2021 2021-058-073 : WIMBUSH-BURKETT v. STATE OF NEW YORK , # 2021-058-073, Claim No. 136559, Motion No. M-97122 M-97122
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 713 December 21, 2021 2021-040-063 : SNYDER v. THE STATE OF NEW YORK, # 2021-040-063, Claim No. 134736 
Claim dismissed pursuant to the Uniform Rules for the Court of Claims § 206.10(g) for Claimant's failure to appear at two Court conferences.
Score: 347 December 21, 2021 2021-061-107 : ALLEN v. STATE OF NEW YORK, # 2021-061-107, Claim No. 129731, Motion No. M-97271 M-97271
Score: 613 December 21, 2021 2021-058-071 : E.S. v. STATE OF NEW YORK, # 2021-058-071, Claim No. 136656, Motion No. M-97360 M-97360
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously.
Score: 637 December 21, 2021 2021-058-069 : D.L. v. STATE OF NEW YORK , # 2021-058-069, Claim No. 136488, Motion No. M-97637 M-97637
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously.
Score: 770 December 21, 2021 2021-058-070 : BOWDEN v. STATE OF NEW YORK, # 2021-058-070, Claim No. 136716, Motion No. M-97236 M-97236
Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal.
Score: 498 December 21, 2021 2021-040-061 : JAMES v. THE STATE OF NEW YORK, # 2021-040-061, Claim No. 136565, Motion No. M-97415 M-97415
Pro Se Claimant's Motion for poor person status and assignment of counsel denied.
Score: 498 December 21, 2021 2021-040-062 : BYWATER v. STATE OF NEW YORK, NEW YORK STATE OLYMPIC DEVELOPMENT AUTHORITY, # 2021-040-062, Claim No. 136815, Motion No. M-97326 M-97326
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 518 December 21, 2021 2021-040-060 : MERCER v. STATE OF NEW YORK, # 2021-040-060, Claim No. 135986, Motion No. M-97281 M-97281
Court OSC vacated. Claim was served upon Defendant.
Score: 678 December 21, 2021 2021-040-064 : BROWN v. THE STATE OF NEW YORK, # 2021-040-064, Claim No. 136005, Motion Nos. M-96637, M-96818 M-96637, M-96818
Claim dismissed as Claimant, Pro Se , served Defendant two times with Claim and each was improperly served by regular mail, not certified mail, return receipt requested, as required by CCA § 11.
Score: 570 December 20, 2021 2021-038-566 : JACOBS v. STATE OF NEW YORK, # 2021-038-566, Claim No. 132358, Motion No. M-97586 M-97586
Motion for leave to take deposition of nonparty incarcerated person granted. Nonparty's anticipated testimony is material and necessary to the prosecution and defense of this claim.
Score: 149 December 17, 2021 2021-059-077 : RYAN v. THE STATE OF NEW YORK, # 2021-059-077, Claim No. 134631, Motion No. M-96707 M-96707
Score: 347 December 17, 2021 2021-041-061 : GUZMAN v. THE STATE OF NEW YORK, # 2021-041-061, Claim No. 137083, Motion No. M-97521 M-97521
Wrongful confinement claim is dismissed for failure to state a cause of action and based upon defendant's absolute immunity where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in administratively reversed disciplinary determination.
Score: 537 December 16, 2021 2021-053-567 : J.S. v. THE STATE OF NEW YORK, # 2021-053-567, Claim No. 136740, Motion No. M-97596 M-97596
Claimant sought leave by Order to Show Cause to proceed in this Child Victims Act claim under a pseudonym. Evaluating the factors required by the Appellate Division, Fourth Department and balancing the interest of the public with that of the claimant, claimant's motion is granted.
Score: 236 December 10, 2021 2021-038-564 : BROWER v. THE STATE OF NEW YORK, # 2021-038-564, Claim No. 136401, Motion No. M-97527 M-97527
Motion to compel response to discovery demands denied as premature. Demands were not served on defendant prior to filing and service of motion to compel.
Score: 570 December 10, 2021 2021-041-504 : HUNT v. THE STATE OF NEW YORK, # 2021-041-504, Claim No. 131875 
Defendant is found predominantly liable for intersection accident on state highway, without any finding of culpable conduct on the part of claimants, where defendant had actual notice of the dangerous condition of the intersection caused by obscured sight lines and inadequate traffic control devices and which had been the site of multiple previous accidents and the source of prior complaints to defendant and internal agency recommendations for improvements.
Score: 475 December 10, 2021 2021-053-566 : WOODY v. THE STATE OF NEW YORK, # 2021-053-566, Claim No. 131376, Motion No. M-97189 M-97189
Pro se incarcerated individual's motion to compel defendant to conduct his deposition is denied. Motion to compel defendant to answer his interrogatories pursuant to CPLR 3124 is granted.
Score: 626 December 9, 2021 2021-059-076 : GRIFFITH v. THE STATE OF NEW YORK, # 2021-059-076, Claim No. 130275, Motion No. M-96492, Cross-Motion No. CM-97156 M-96492
Score: 722 December 8, 2021 2021-053-565 : TOLIVER v. THE STATE OF NEW YORK, # 2021-053-565, Claim No. 134766, Motion No. M-97112 M-97112
Pro se incarcerated individual's motion for summary judgment, a trial by jury and assignment of counsel is denied. Claimant's motion for summary judgment was denied as he failed to establish a prima facie case of premises liability or medical malpractice.
Score: 828 December 8, 2021 2021-059-075 : AGUIRRE v. THE STATE OF NEW YORK , # 2021-059-075, Claim No. None, Motion No. M-96877 M-96877
Score: 518 December 8, 2021 2021-059-074 : RAMPERSAD v. THE STATE OF NEW YORK, # 2021-059-074, Claim No. 132482, Motion No. M-96917 M-96917
Score: 449 December 8, 2021 2021-059-073 : SKLAVONITIS v. THE STATE OF NEW YORK, # 2021-059-073, Claim No. 131317 
Score: 670 December 8, 2021 2021-040-059 : LEWIS v. THE STATE OF NEW YORK, # 2021-040-059, Claim No. 130608, Motion No. M-96824 M-96824
Claimant's Motion to strike State's Answer based upon alleged spoliation of evidence denied. However, Court finds Defendant disposed of relevant evidence and grants Motion to the extent of precluding Defendant from offering certain evidence and finds Claimant is entitled to an adverse inference.
Score: 236 December 8, 2021 2021-015-111 : JORDAN v. THE STATE OF NEW YORK, # 2021-015-111, Claim No. 132817, Motion No. M-97391 M-97391
Claimant's motion for summary judgment on his wrongful confinement cause of action was denied as he failed to support his motion with a copy of the pleadings or any documentary evidence.
Score: 570 December 7, 2021 2021-053-564 : MUSHEYEV v. STATE OF NEW YORK, # 2021-053-564, Claim No. 131447, Motion No. M-97129 M-97129
The State's motion to dismiss the pro se incarcerated individual's claim for failure to prosecute is granted.
Score: 670 December 6, 2021 2021-051-036 : GOVAN v. STATE OF NEW YORK, # 2021-051-036, Claim No. None, Motion No. M-97212 M-97212
The Court denied pro se inmate's application for permission to file a late claim.
Score: 793 December 6, 2021 2021-051-034 : RABB v. STATE OF NEW YORK, # 2021-051-034, Claim No. 132624, Motion No. M-96843, Cross-Motion No. CM-97185 M-96843
Defendant's motion to dismiss medical malpractice claim granted because the claim was neither timely filed, nor properly served in compliance with Court of Claims Act § 10 (3) and § 11. Claimant's untimely application for permission to file a late claim is denied.
Score: 626 December 6, 2021 2021-015-113 : BROOKS v. STATE OF NEW YORK, # 2021-015-113, Claim No. 134333, Motion No. M-97317, Cross-Motion No. CM-97469 M-97317
Motion seeking dismissal for improper service was granted and claim was dismissed. Claimant's cross motion to transfer the claim pursuant to CPLR 325 (b) was denied.
Score: 299 December 6, 2021 2021-015-114 : SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-114, Claim No. 136347, Motion No. M-97416 M-97416
Claimant's motion to reargue and renew his prior motion for entry of a default judgment was denied.
Score: 537 December 6, 2021 2021-051-035 : SMITH v. STATE OF NEW YORK, # 2021-051-035, Claim No. 136620, Motion No. M-97209 M-97209
The Court granted the defendant's motion to dismiss claimant's tort claim alleging wrongful confinement, denial of ASAT programming, improper transfer, interference with medication, denial of Parole that all stemmed from a false positive drug test that was reversed and vacated.
Score: 704 December 3, 2021 2021-015-106 : HUBSHER v. STATE OF NEW YORK, # 2021-015-106, Claim No. 134473, Motion No. M-97130, Cross-Motion No. CM-97285 M-97130
Parole Board's alleged failure to timely recommend to the sentencing Court a sex-offender risk classification 60 days prior to claimant's conditional release date from prison could not form the basis for a wrongful confinement claim. Claimant's release was conditioned upon the imposition of a risk -level classification by the Court and the time limit by which the Board's recommendation was required was directory rather than a mandatory limitation on the power of the Board to act.
Score: 687 December 3, 2021 2021-061-106 : HAYES v. STATE OF NEW YORK, # 2021-061-106, Claim No. NONE, Motion No. M-96840 M-96840
Score: 475 December 2, 2021 2021-018-235 : ENOCH v. STATE OF NEW YORK, # 2021-018-235, Claim No. 129897, Motion No. M-96995 M-96995
Defendant demonstrated that documents sought by Claimant were both irrelevant and protected by attorney-client privilege. Claimant's motion to compel denied. 
Score: 819 December 1, 2021 2021-059-071 : GUTTERMAN v. THE STATE OF NEW YORK, # 2021-059-071, Claim No. 136118, Motion No. M-96892 M-96892