New York State Court of Claims |
|
Your query court returned 50 results.
 |
September 10, 2021 | 2021-059-049 : JOHNSON v. THE STATE OF NEW YORK, # 2021-059-049, Claim No. 135978, Motion No. M-96683 M-96683 |
 |
September 10, 2021 | 2021-059-050 : GIORDANO v. THE STATE OF NEW YORK, # 2021-059-050, Claim No. 134982, Motion No. M-96740 M-96740 |
|
September 9, 2021 | 2021-058-032 : POWELL v. STATE OF NEW YORK, # 2021-058-032, Claim No. NONE, Motion No. M-96930 M-96930 Motion seeking permission to serve and file a late claim for wrongful confinement denied. |
 |
September 7, 2021 | 2021-040-043 : SEIFELNASR v. THE STATE OF NEW YORK, # 2021-040-043, Claim No. 136273, Motion No. M-96924 M-96924 Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed. |
|
September 7, 2021 | 2021-040-045 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2021-040-045, Claim No. 132831, Motion No. M-96956 M-96956 Pro se Claimant's Motion for Reargument/Renewal denied. |
|
September 7, 2021 | 2021-040-044 : SCHMIDT v. STATE OF NEW YORK; P. DAVID SOARES, ALBANY COUNTY DISTRICT ATTORNEY, # 2021-040-044, Claim No. NONE, Motion No. M-97026 M-97026 Motion for permission to serve and file a Claim late pursuant to CCA § 10(6) denied as Court lacks jurisdiction over Albany County DA. |
|
September 7, 2021 | 2021-040-042 : BELLOISI v. THE STATE OF NEW YORK, # 2021-040-042, Claim No. 133887, Motion No. M-96676 M-96676 Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed. |
|
September 3, 2021 | 2021-058-039 : HARRIENGER v. STATE OF NEW YORK, # 2021-058-039, Claim No. 127859 After trial, Defendant found 100% liable for the death of a patient at St. Lawrence Psychiatric Center. Defendant failed to protect the patient from a reasonably foreseeable assault perpetrated by another patient at the facility. |
 |
September 2, 2021 | 2021-053-543 : NASH v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-543, Claim No. 130860, Motion No. M-97089 M-97089 Defendant's order to show cause seeking a stay of the claim and the scheduled liability trial due to the death of the claimant's husband is denied. Pursuant to CPLR 1015, the death of the claimant's husband, whose claim is solely derivative, does not affect merits of pending claim because of the clear identity of interest. Defendant's alternative relief seeking brief extension to move for summary judgment is granted. |
|
August 31, 2021 | 2021-040-041 : P.T. v. THE STATE OF NEW YORK, # 2021-040-041, Claim No. 132056, Motion No. M-96953 M-96953 State's Motion to dismiss for lack of jurisdiction granted as Claimant served the Claim by regular mail and not personally or by certified mail, return receipt requested as required by CCA § 11(a). |
 |
August 30, 2021 | 2021-015-083 : SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-083, Claim No. 136347, Motion No. M-97039 M-97039 Pro se claimant's motion for entry of a default judgment was denied. |
|
August 26, 2021 | 2021-053-540 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-540, Claim No. 129312, Motion No. M-97006 M-97006 Roswell Park's motion to modify and limit a subpoena on a private investigator who performed surveillance on claimant is granted to the extent that they are not required to produce records of any billing and payment information. Claimant failed to meet her burden to show a substantial need or that undue hardship would ensue as required by CPLR 3101 (d) (2). |
|
August 25, 2021 | 2021-040-040 : HERBERT v. STATE OF NEW YORK, # 2021-040-040, Claim No. 129950, Motion No. M-96784, Cross-Motion No. CM-96826 M-96784 Pro se Claimant's Motion to compel discovery denied. State's Motion to dismiss for lack of jurisdiction granted because Claimant served the Claim by regular mail and not personally or by certified mail, return receipt requested, as required by CCA § 11(a). |
|
August 24, 2021 | 2021-051-025 : BELL v. STATE OF NEW YORK, # 2021-051-025, Claim No. 134134, Motion No. M-96839 M-96839 Defendant's post answer motion to dismiss pro se claimant's claim in its entirety is granted on the ground that the Court lacks subject matter jurisdiction over the claim pursuant to Court of Claims Act §§ 10 (3), 10 (3-b), and 11 because it was served by regular mail. |
|
August 23, 2021 | 2021-038-551 : BERRY v. THE STATE OF NEW YORK, # 2021-038-551, Claim No. 128629, Motion No. M-96734 M-96734 Claimant's motion to compel disclosure of correction officer's disciplinary file granted. File is relevant to the prosecution of this claim insofar as it contains information that could be used for impeachment purposes at trial. |
|
August 23, 2021 | 2021-038-550 : DAVIS v. THE STATE OF NEW YORK, # 2021-038-550, Claim No. None, Motion No. M-96932 M-96932 Motion for late claim relief denied. Claimant failed to present a reasonable excuse for the delay in filing the claim and conceded that he has another available remedy, and the proposed claim lacks the appearance of merit. |
|
August 19, 2021 | 2021-051-024 : LYNCH-MILLER v. STATE OF NEW YORK, # 2021-051-024, Claim No. 131983, Motion No. M-96724 M-96724 |
 |
August 19, 2021 | 2021-015-084 : McDANIELS v. STATE OF NEW YORK, # 2021-015-084, Claim No. 134156, Motion No. M-96996 M-96996 Motion to compel responses to interrogatories was denied as moot. |
|
August 19, 2021 | 2021-015-079 : CABALLERO v. THE STATE OF NEW YORK, # 2021-015-079, Claim No. 133224, Motion No. M-96942 M-96942 Pro se claimant's motion for the issuance of Judicial Subpoenas was granted in part. |
|
August 18, 2021 | 2021-040-038 : ANDERSON v. THE STATE OF NEW YORK, # 2021-040-038, Claim No. 121833, Motion No. M-96745 M-96745 Claim dismissed for failure to prosecute pursuant to CCA § 15 & CPLR § 1021 as no representation of Claimant's Estate has been appointed and substituted to prosecute this action. |
|
August 17, 2021 | 2021-040-037 : POZO v. THE STATE OF NEW YORK, # 2021-040-037, Claim No. 136035, Motion No. M-96792 M-96792 Court OSC vacated. Claim was served upon Defendant. |
|
August 17, 2021 | 2021-041-044 : KWAW v. THE STATE OF NEW YORK, # 2021-041-044, Claim No. NONE, Motion No. M-96976 M-96976 Application to file late claim is granted where claim alleging that defendant's negligence in causing/permitting recurrent flooding of inmate's cell caused inmate to slip and fall resulting in serious injuries has appearance of merit and defendant had prompt notice of circumstances underlying claimant's accident and injuries. |
|
August 16, 2021 | 2021-015-082 : THOMAS v. THE STATE OF NEW YORK, # 2021-015-082, Claim No. None, Motion No. M-97012 M-97012 Movant's motion for leave to serve and file a late claim was denied as he failed to address the statutory factors. |
|
August 16, 2021 | 2021-015-081 : GRAHAM v. THE STATE OF NEW YORK, # 2021-015-081, Claim No. 135299, Motion No. M-96974 M-96974 Claim was dismissed for failure to serve it on the Office of the Attorney General. |
|
August 16, 2021 | 2021-015-080 : MELTON v. THE STATE OF NEW YORK, # 2021-015-080, Claim No. 132067, Motion No. M-96969 M-96969 Defendant's motion for summary judgment dismissing the claim was granted as the claimant was unable to state what caused him to slip and even if it could be concluded that he slipped on ice, defendant demonstrated it had neither actual nor constructive notice of the danger. |
|
August 16, 2021 | 2021-040-033 : AHLERS v. THE STATE OF NEW YORK, # 2021-040-033, Claim No. 122653-A Claim dismissed as pro se Claimant failed to appear at two conferences, pursuant to the Uniform Rules for th Court of Claims § 206.10(g). |
|
August 16, 2021 | 2021-040-034 : BENNETT v. THE STATE OF NEW YORK, # 2021-040-034, Claim No. 135260, Motion No. M-96796 M-96796 Claim dismissed as Claimant served Claim by certified mail, not certified mail, return receipt requested, as required by CCA § 11. |
|
August 16, 2021 | 2021-040-036 : MOON v. N.Y.S POLICE, TROOPER JOSHUA PORCELL, # 2021-040-036, Claim No. 135103, Motion No. M-96663 M-96663 Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed. |
|
August 16, 2021 | 2021-040-035 : MANGIR v. THE STATE OF NEW YORK, # 2021-040-035, Claim No. 135897, Motion No. M-96791 M-96791 Court OSC re: service. Claimant failed to establish that she served Claim upon Defendant. Claim dismissed. |
|
August 12, 2021 | 2021-053-539 : SCHUNK v. THE STATE OF NEW YORK, # 2021-053-539, Claim No. 135825, Motion Nos. M-96567 M-96757 M-96567 M-96757 A pro se incarcerated individual filed a claim and amended claim alleging that the actions of the Erie County District Attorney in unfairly prosecuting him caused him to plead guilty to kidnapping. The claim alleges wrongful imprisonment, defamation and violation of his constitutional rights. The State's pre-answer motion to dismiss the claim for lack of subject matter jurisdiction is granted as the District Attorney is a local officer and does not act as a State officer or employee. |
|
August 12, 2021 | 2021-038-549 : WINDLEY v. THE STATE OF NEW YORK, # 2021-038-549, Claim No. 131082, Motion No. M-96842 M-96842 Claimant's motion for assignment of counsel denied. Notice of motion was not served on county attorney in the county where the action is triable, and claimant failed to demonstrate that he is facing a prospective loss of liberty, grievous forfeiture, or other compelling circumstances warranting assignment of counsel. |
|
August 10, 2021 | 2021-058-033 : DOE v. STATE OF NEW YORK(1) , # 2021-058-033, Claim No. 135200, Motion No. M-96939 M-96939 Motion for so-ordered subpoenas duces tecum denied; Notice provided to nonparty was facially deficient; notwithstanding facial deficiency of the notice, the documents requested were either previously provided by the nonparty or not relevant to the prosecution of this Claim. |
|
August 9, 2021 | 2021-015-078 : MYERS v. THE STATE OF NEW YORK, # 2021-015-078, Claim No. 135342, Motion No. M-96857 M-96857 Defendant's motion to strike the note of issue was denied as defendant failed to support its motion with a copy of its discovery demand it contended remained outstanding and, in any event, the demand was served after the note of issue and certificate of readiness were filed. |
|
August 9, 2021 | 2021-038-548 : WELLS v. THE STATE OF NEW YORK, # 2021-038-548, Claim No. 135521, Motion No. M-96811 M-96811 Defendant's motion to dismiss the claim for failure to state a cause of action granted. The allegedly wrongful pre-hearing confinement was authorized under DOCCS regulations and did not constitute ministerial negligence, and the remedy of state constitutional tort was not available because claimant had other avenues to vindicate the alleged constitutional violations. |
|
August 5, 2021 | 2021-015-077 : MATHEWS v. THE STATE OF NEW YORK, # 2021-015-077, Claim No. 134190, Motion No. M-96869 M-96869 Defendant failed to meet its burden of proof on its motion for summary judgment as it could not be discerned from the photographs alone that the defect was a trivial one. Nor did defendant establish that it did not have either actual or constructive notice of the defect and, in any event, claimant raised a question of fact in opposition to the motion regarding whether or not defendant had actual notice of a recurring condition. |
|
August 3, 2021 | 2021-054-035 : AUSTIN v. THE STATE OF NEW YORK, # 2021-054-035, Claim No. NONE, Motion No. M-96588 M-96588 Work injury at facility; incarcerated person granted late claim relief. |
|
August 3, 2021 | 2021-015-072 : PION v. STATE OF NEW YORK, # 2021-015-072, Claim No. 132913, Motion No. M-96693 M-96693 Although the alleged theft of funds by the NYS Police during the course of executing a search warrant could be the basis for a conversion claim, it could not be concluded that the officers were acting within the scope of their employment. Moreover, the cause of action for negligent hiring and training was untimely thereby requiring dismissal. |
|
August 2, 2021 | 2021-053-538 : R.S. v. THE STATE OF NEW YORK, # 2021-053-538, Claim No. NONE, Motion No. M-96275 M-96275 A pro se inmate's motion for permission to late file a claim for sexual assault is denied without prejudice. Movant failed to include the proposed claim or address the factors enumerated in Court of Claims Act 10 (6). |
|
August 2, 2021 | 2021-038-547 : BEST v. THE STATE OF NEW YORK, # 2021-038-547, Claim No. 134651, Motion No. M-96884 M-96884 Claimant's motion to renew/reargue denied. Claimant failed to demonstrate that the Court overlooked or misapprehended any matter of fact or law, or any new facts or change in the law, with respect to the Court's previous Decision and Order granting defendant's cross motion to dismiss the claim. |
|
July 29, 2021 | 2021-041-043 : WARREN v. THE STATE OF NEW YORK, # 2021-041-043, Claim No. 135887, Motion No. M-96777 M-96777 Inmate 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. |
|
July 29, 2021 | 2021-040-032 : KESICK v. THE STATE OF NEW YORK, # 2021-040-032, Claim No. 128633 Claim dismissed, as pro se Claimant failed to appear at two conferences, pursuant to the Uniform Rules for the Court of Claims § 206.10(g). |
|
July 28, 2021 | 2021-051-022 : EGNASKO v. STATE OF NEW YORK , # 2021-051-022, Claim No. 129271, Motion No. M-96754 M-96754 The defendant's unopposed motion for an order of preclusion, striking the medical negligence claim, and granting summary judgment granted. |
|
July 28, 2021 | 2021-015-076 : WELCH v. STATE OF NEW YORK, # 2021-015-076, Claim No. 133976, Motion No. M-96925 M-96925 |
|
July 27, 2021 | 2021-040-031 : QUINONES v. THE STATE OF NEW YORK, # 2021-040-031, Claim No. 129683 Claim dismissed, as Pro se Claimant failed to respond to correspondence from the Court and failed to appear at a conference, pursuant to the Uniform Rules of the Court of Claims § 206.10(g). |
|
July 26, 2021 | 2021-040-030 : PITTMAN v. THE STATE OF NEW YORK, # 2021-040-030, Claim No. 124210, Motion No. M-96353 M-96353 State Motion for Summary Judgment seeking dismissal of the Claim for lack of subject matter jurisdiction on the basis that the Claim is untimely and fails to state a cause of action denied. |
|
July 23, 2021 | 2021-040-029 : TOTALKARE v. STATE OF NEW YORK, # 2021-040-029, Claim No. 135552, Motion No. M-96675 M-96675 Court OSC vacated. Claim was served upon Defendant. |
|
July 23, 2021 | 2021-053-536 : ROUNDTREE v. THE STATE OF NEW YORK, # 2021-053-536, Claim No. 134004, Motion No. M-96650 M-96650 Pro se inmate's motion for a default judgment is denied. Claimant failed to meet his burden to demonstrate when the claim was served. Claimant's additional grounds for default are also denied. |
|
July 23, 2021 | 2021-040-028 : DESANCTIS v. STATE OF NEW YORK, # 2021-040-028, Claim No. 135838, Motion No. M-96664 M-96664 Court OSC vacated. Claim was served upon Defendant. |
|
July 23, 2021 | 2021-038-546 : ALSTON v. THE STATE OF NEW YORK, # 2021-038-546, Claim No. None, Motion No. M-96721 M-96721 Motion for permission to file a late claim denied. Late claim relief is not available for lost property claims. |
|
July 22, 2021 | 2021-041-042 : HEDRICH v. THE STATE OF NEW YORK, # 2021-041-042, Claim No. 136288, Motion No. M-96852 M-96852 Defendant's motion to dismiss negligence claim in lieu of answer, pursuant to CPLR 3211 (a) (7) and the Court of Claims Act, on the ground that the Court lacks jurisdiction over the claim because the claim fails to state a cause of action, is granted. |