New York State Court of Claims |
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Your query court returned 50 results.
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April 30, 2018 | 2018-029-048 : MASON v. THE STATE OF NEW YORK, # 2018-029-048, Claim No. 128044 The pro se claim by an inmate alleged injuries resulting from an assault by correction officers. After a video trial, the court found defendant's version of competing stories more credible, adjudged defendant not liable, and dismissed the claim. |
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April 27, 2018 | 2018-040-038 : KRUPA v. THE STATE OF NEW YORK, # 2018-040-038, Claim No. 127262 Claim dismissed as Claimant failed to appear for trial. |
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April 27, 2018 | 2018-029-047 : TAYLOR v. THE STATE OF NEW YORK, # 2018-029-047, Claim No. 126676 Pro se claimant inmate who fell down the steps at Coxsackie Correctional Facility and sustained injuries, sought damages from the state for failing to provide him a flat pass and for assigning him to a third floor cell. Claimant had previously undergone a hip replacement and experienced pain in his back and knee. After a video trial, the court found defendant not liable and dismissed the claim, reasoning that cell assignments are discretionary, and to the extent there was medical judgment involved, claimant failed to present expert testimony. |
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April 25, 2018 | 2018-032-009 : AYUSO v. STATE OF NEW YORK, # 2018-032-009, Claim No. 123078 Following a trial, defendant moved to dismiss claimant's wrongful confinement claim on the ground that claimant's pre-hearing SHU confinement was privileged. Finding that claimant's pre-hearing SHU confinement was privileged pursuant to 7 NYCRR 251-5.1 (a), the Court grants defendant's motion and dismisses the claim. |
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April 24, 2018 | 2018-038-542 : SIMPSON v. THE STATE OF NEW YORK; (DEPARTMENT OF CORRECTIONAL, COMMUNITY AND SUPERVISION SERVICES), # 2018-038-542, Claim No. 130193, Motion Nos. M-91154, M-91596 M-91154, M-91596 Defendant's motion to dismiss untimely claim for wrongful confinement granted. Defendant demonstrated prima facie that the Attorney General was not served with a notice of intention, which claimant did not successfully rebut. Thus, claimant's time within which to serve the claim was not extended, and its service beyond 90 days of accrual was untimely. |
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April 24, 2018 | 2018-038-107 : SCHLEEDE v. THE STATE OF NEW YORK, # 2018-038-107, Claim No. 121526 Claim for injuries from a bicycle accident on a State highway dismissed after trial. Claimant did not prove that defendant's construction of roadway seams was negligent, or that this accident was caused by a dangerous condition in the roadway. |
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April 24, 2018 | 2018-015-123 : STARKS v. STATE OF NEW YORK, # 2018-015-123, Claim No. 124231, Motion No. M-91960 M-91960 Claim was dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b). |
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April 24, 2018 | 2018-015-115 : JUDWARE v. THE STATE OF NEW YORK, # 2018-015-115, Claim No. 124362, Motion No. M-91814 M-91814 Claim was dismissed for improper service by ordinary mail rather than one of the methods prescribed by Court of Claims Act § 11 (a) (i). |
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April 24, 2018 | 2018-015-120 : DAVIS v. THE STATE OF NEW YORK, # 2018-015-120, Claim No. 123410, Motion No. M-91833 M-91833 Bailment claim was dismissed for failure to exhaust administrative remedies. |
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April 24, 2018 | 2018-015-121 : JOHNSON v. THE STATE OF NEW YORK, # 2018-015-121, Claim No. 117448, Motion No. M-91930 M-91930 Claim was dismissed for lack of service. |
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April 19, 2018 | 2018-029-039 : ESTRADA v. THE STATE OF NEW YORK, # 2018-029-039, Claim No. NONE, Motion No. M-91619 M-91619 Claimant motorist injured in accident on Route 6 sought leave to file a late claim. The court denied the motion based on claimant's failure to show the more than two year delay was excusable, that defendant had notice and would not be substantially prejudiced, and that the proposed claim had the appearance of merit. |
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April 17, 2018 | 2018-053-519 : ME & MORGAN, LLC v. THE STATE OF NEW YORK, # 2018-053-519, Claim No. 121521, Motion No. M-91567 M-91567 Claimant moved for additional time within which to file rebuttal appraisal reports in this claim for damages arising out of the appropriation of a temporary easement over commercial property. The parties had previously agreed and the Court had so ordered that rebuttal reports were to be filed on or before May 18, 2016. By the time claimant made this motion, this deadline had long expired and claimant did not demonstrate unusual and substantial circumstances. As such, claimant's motion for an extension of time to file rebuttal reports is denied. |
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April 17, 2018 | 2018-038-540 : PORTER v. STATE OF NEW YORK, # 2018-038-540, Claim No. 123337, Motion No. M-90807 M-90807 Defendant's motion for summary judgment granted, and claim for malicious prosecution dismissed. Defendant conceded the commencement of a criminal prosecution, and did not demonstrate that the termination of the criminal proceeding was not final. However, defendant demonstrated that there was probable cause to arrest claimant, thus defeating the third and fourth elements of the cause of action, and claimant did not raise a triable issue of material fact regarding the existence of probable cause. |
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April 12, 2018 | 2018-045-015 : DIFIORE v. THE STATE OF NEW YORK, # 2018-045-015, Claim No. None, Motion No. M-91554 M-91554 Motion to file a late claim, medical malpractice claim. |
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April 12, 2018 | 2018-038-538 : PAGE v. THE STATE OF NEW YORK, # 2018-038-538, Claim No. 130406, Motion No. M-91613 M-91613 Claimant's motion to strike ten affirmative defenses granted in part, as four of the affirmative defenses were shown to be without merit. |
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April 11, 2018 | 2018-038-106 : LOPEZ v. THE STATE OF NEW YORK, # 2018-038-106, Claim No. 120852 |
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April 10, 2018 | 2018-038-537 : SIMPSON v. THE STATE OF NEW YORK, # 2018-038-537, Claim No. 128330, Motion No. M-91599 M-91599 Claimant's motion to dismiss affirmative defenses denied. Pleadings not attached to motion, and claimant's submission does not address the merits of the defenses. |
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April 6, 2018 | 2018-038-534 : SPIRLES v. THE STATE OF NEW YORK, # 2018-038-534, Claim No. 124465, Motion No. M-90841, Cross-Motion Nos. CM-91124, CM-91460 M-90841 Lack of compliance with the pleading requirements is basis for granting defendant's cross motion for lack of jurisdiction. Claimant's motion to compel production of discovery materials and his cross motion for summary judgment are denied as moot. |
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April 6, 2018 | 2018-038-532 : KEITT v. THE STATE OF NEW YORK, # 2018-038-532, Claim No. 126250, Motion No. M-91525 M-91525 Motion to compel denied as premature. Discovery demand was served with motion, and claimant did not demonstrate that defendant had failed to comply with discovery request. |
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April 6, 2018 | 2018-038-533 : THOMAS v. STATE OF NEW YORK, # 2018-038-533, Claim No. 123148, Motion No. M-91560, Cross-Motion No. CM-91561 M-91560 Claimant's and defendant's dueling motions for summary judgment on claim for 26 days of wrongful excessive confinement in SHU both granted in part and denied in part. Defendant's confinement of claimant was privileged for 22 days, but in the absence of an extension of the date to complete the Tier III hearing after the 22nd day, the continued confinement of claimant in the SHU for an additional four days was not privileged, and defendant is liable to claimant for damages for the four days spent in SHU rather than in keeplock. |
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April 5, 2018 | 2018-040-029 : REYES v. THE STATE OF NEW YORK, # 2018-040-029, Claim No. 126894, Motion No. M-90959 M-90959 State's Motion for Summary Judgment regarding an inmate upon inmate assault Claim granted in part and denied in part. |
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April 4, 2018 | 2018-045-013 : WITKOVSKY v. THE STATE OF NEW YORK, # 2018-045-013, Claim No. 128060, Motion No. M-91111 M-91111 Defendant's summary judgment motion to dismiss the claim for failure to timely file the claim. |
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April 4, 2018 | 2018-041-029 : SANTANA v. THE STATE OF NEW YORK, # 2018-041-029, Claim No. 126530, Motion No. M-91228 M-91228 In claim alleging that defendant failed to protect claimant from assault by fellow inmates, claimant's motion to compel production of defendant's inmate security-related correctional facility policy and procedures manual and directives, along with inmate-assailants' relevant disciplinary records, is granted. |
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April 4, 2018 | 218-054-039 : SKINNER v. THE STATE OF NEW YORK, # 218-054-039, Claim No. 122032 Claimant |
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April 3, 2018 | 2018-045-012 : SANTIAGO v. THE STATE OF NEW YORK, # 2018-045-012, Claim No. 123998, Motion No. M-91310 M-91310 Defendant's motion to dismiss pro se inmate's claim due to service by regular mail. |
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April 3, 2018 | 2018-032-028 : NAVARRO v. THE STATE OF NEW YORK, # 2018-032-028, Claim No. None, Motion No. M-91478 M-91478 Movant's motion seeking late claim relief is denied where defendant submitted proof that it does not own the building where the accident occurred. |
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April 2, 2018 | 2018-032-026 : RODRIGUEZ v. THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2018-032-026, Claim No. 128912, Motion No. M-90909 M-90909 The Court's Order to Show Cause is vacated as moot following the parties' filing of a stipulation of conditional dismissal. |
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April 2, 2018 | 2018-032-007 : CORIOLAN v. THE STATE OF NEW YORK, # 2018-032-007, Claim No. 122288 Following a trial, claimant's causes of action for wrongful confinement and bailment are dismissed. |
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March 30, 2018 | 2018-040-028 : JOHNSON v. THE STATE OF NEW YORK, # 2018-040-028, Claim No. 126452 Pro se Claimant failed to establish Defendant was negligent in maintaining Correctional Facility building roof. |
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March 29, 2018 | 2018-038-105 : PORTALATIN v. THE STATE OF NEW YORK, # 2018-038-105, Claim No. 120745 Confinement in a SHU after being found guilty of inmate misbehavior was privileged up until disciplinary finding was administratively reversed due to uncertainty about claimant's guilt of the charges. However, defendant did not demonstrate that continued confinement in the SHU after the administrative reversal was privileged, and claimant is awarded damages in the amount of $180.00 for six days spent in SHU after administrative reversal. |
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March 29, 2018 | 2018-038-530 : BROWN v. THE STATE OF NEW YORK, # 2018-038-530, Claim No. 130528, Motion No. M-91538 M-91538 Defendant's motion to dismiss claim on jurisdictional grounds granted due to improper service by ordinary mail. |
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March 28, 2018 | 2018-045-005 : COHEN v. THE STATE OF NEW YORK, # 2018-045-005, Claim No. 121517, Motion No. M-88544 M-88544 Bicyclist's front tire gets caught in a grate in the roadway. Defendant's summary judgment motion. |
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March 27, 2018 | 2018-054-037 : BIELER v. THE STATE OF NEW YORK, # 2018-054-037, Claim No. 126436, Motion No. M-91856 M-91856 Defendant's motion to dismiss denied, claim not served upon defendant. |
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March 27, 2018 | 2018-045-011 : DORR v. THE STATE OF NEW YORK, # 2018-045-011, Claim No. 121375, Motion No. M-91265, Cross-Motion No. CM-91479 M-91265 Defendant's motion to dismiss the claim for failure to timely file the claim. Claimant's cross-motion to file a late claim after expiration of statute of limitations. |
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March 27, 2018 | 2018-050-021 : SICARI v. THE STATE OF NEW YORK, # 2018-050-021, Claim No. 127254, Motion No. M-91559 M-91559 Defendant's motion for an order pursuant to CPLR 3025 granting the State leave to amend its answer to assert two additional affirmative defenses is granted. |
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March 27, 2018 | 2018-054-015 : HADDOCK v. THE STATE OF NEW YORK, # 2018-054-015, Claim No. 126379 Wrongful confinement dismissed, violation of drug testing directive is not a due process violation. |
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March 27, 2018 | 2018-032-025 : MOHAMMAD v. THE STATE OF NEW YORK, # 2018-032-025, Claim No. 130211 (1), Motion No. M-91065 M-91065 The claim is dismissed for claimant's failure to serve the claim by certified mail, return receipt requested. |
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March 26, 2018 | 2018-018-923 : McCargar v. NEW YORK STATE THRUWAY AUTHORITY, # 2018-018-923, Claim No. NONE, Motion No. M-91435 M-91435 Late claim application denied pursuant to CCA § 11 (b). |
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March 26, 2018 | 2018-501-002 : HERNANDEZ v. THE STATE OF NEW YORK, # 2018-501-002, Claim No. 119760 Claim alleging that defendant failed to protect inmate-claimant from assault by fellow inmates is dismissed after trial where proof showed that assault, which took place in adequately supervised protective custody wing of correctional facility where the involved inmates were housed, was sudden, brief, unplanned and claimant had no prior problems or altercations with his two attackers before the assault. |
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March 26, 2018 | 2018-032-021 : SINGH v. THE STATE OF NEW YORK, # 2018-032-021, Claim No. None, Motion No. M-91123 M-91123 Movant's motion seeking permission to treat the notice of intention as a claim is granted. The notice of intention contains sufficient facts to constitute a claim, and defendant would not be prejudiced by the Court's granting of movant's application. |
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March 23, 2018 | 2018-015-115 : ANAND v. THE STATE OF NEW YORK, # 2018-015-115, Claim No. 122521, Motion No. M-91882 M-91882 Claimant's motion to dismiss counterclaim was denied as moot inasmuch as a default judgment order had already been entered. |
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March 23, 2018 | 2018-032-010 : VAZQUEZ v. STATE OF NEW YORK, # 2018-032-010, Claim No. 120507 Following a trial, the Court finds that claimant proved his bailment claim by a preponderance of the credible evidence and awards claimant $380.00 as fair and reasonable compensation for the value of his lost items. |
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March 23, 2018 | 2018-045-010 : DIETZ v. THE STATE OF NEW YORK, # 2018-045-010, Claim No. None, Motion No. M-91144 M-91144 Late claim motion, Claimant given tainted food while incarcerated at the Suffolk County Correctional Facility. |
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March 23, 2018 | 2018-032-20 : DAVIS v. THE STATE OF NEW YORK, # 2018-032-20, Claim No. None, Motion No. M-91408 M-91408 Motion for permission to file a late claim is granted. |
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March 23, 2018 | 2018-041-026 : YOUNG v. THE STATE OF NEW YORK, # 2018-041-026, Claim No. 125198, Motion No. M-91642 M-91642 Claimant's application to vacate Decision and Order dismissing claim for failure of claimant's attorney to appear at multiple conferences is denied as both untimely and insufficient where motion was made more than one year after service of notice of entry of the challenged Decision and Order and where claimant fails to set forth any facts constituting purported law office failure and thus fails to offer a reasonable excuse for default. |
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March 22, 2018 | 2018-045-009 : JACKSON v. THE STATE OF NEW YORK, # 2018-045-009, Claim No. 130138, Motion No. M-91141 M-91141 Claimant's motion to dismiss due to defendant's failure to properly verify its answer, improper verification. |
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March 22, 2018 | 2018-054-016 : CLAUDIO v. THE STATE OF NEW YORK, # 2018-054-016, Claim No. 126418 No due process violation based on urinalysis calibration or Hearing Officer's failure to call witness. |
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March 22, 2018 | 2018-040-027 : EVANS v. THE STATE OF NEW YORK, # 2018-040-027, Claim No. 127267 Court finds Claimant failed to establish by a preponderance of the credible evidence that the State was negligent in losing his personal property. |
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March 22, 2018 | 2018-045-008 : JACKSON v. THE STATE OF NEW YORK, # 2018-045-008, Claim No. 129390, Motion No. M-91506 M-91506 Claimant's motion to dismiss due to defendant's failure to properly verify its answer, improper verification. |
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March 20, 2018 | 2017-031-512 : PHEARSDORF v. THE STATE OF NEW YORK, # 2017-031-512, Claim No. 121775 Claimant's fall from an elevated work station was the result of a statutory violation of Labor Law § 240 (1) for which Defendant is 100% liable. |