New York State Court of Claims |
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Your query court returned 50 results.
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October 7, 2021 | 2021-059-064 : MUCO v. THE STATE OF NEW YORK, # 2021-059-064, Claim No. 133852, Motion Nos. M-96462 M-96573 M-96462 M-96573 |
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October 7, 2021 | 2021-058-046 : DOE-18987 v. STATE OF NEW YORK, # 2021-058-046, Claim No. 136546, Motion No. M-97140 M-97140 Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously. |
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October 7, 2021 | 2021-051-032 : DAVIS v. STATE OF NEW YORK, # 2021-051-032, Claim No. 131072, Motion No. M-97054 M-97054 The defendant's motion for summary judgment, relying solely upon the reckless disregard standard set forth Vehicle and Traffic Law § 1104, is denied since the State driver had come to a full stop before entering the roadway and Vehicle and Traffic Law § 1104 did not apply. |
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October 6, 2021 | 2021-054-038 : NEYSMITH v. THE STATE OF NEW YORK, # 2021-054-038, Claim No. 135598, Motion No. M-96872 M-96872 Motion for summary judgement denied. |
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October 6, 2021 | 2021-051-030 : YOUNG v. STATE OF NEW YORK, # 2021-051-030, Claim No. 125264, Motion No. M-96952 M-96952 |
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October 6, 2021 | 2021-059-063 : WALTON v. THE STATE OF NEW YORK, # 2021-059-063, Claim No. 122548, Motion No. M-97056 M-97056 |
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October 6, 2021 | 2021-051-031 : RIVERA v. STATE OF NEW YORK, # 2021-051-031, Claim No. 135424, Motion No. M-96895 M-96895 |
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October 4, 2021 | 2021-040-051 : ROMPREY v. THE STATE OF NEW YORK, # 2021-040-051, Claim No. 136332, Motion No. M-96984 M-96984 Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed. |
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September 29, 2021 | 2021-059-062 : ARRIAGA v. THE STATE OF NEW YORK, # 2021-059-062, Claim No. 134161, Motion No. M-96695 M-96695 |
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September 29, 2021 | 2021-053-548 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-548, Claim No. 129312, Motion No. M-97169 M-97169 Roswell Park failed to demonstrate unusual, unexpected or extraordinary circumstances warranting discretionary relief to compel a non-party deposition after the Note of Issue was filed and less than 60 days prior to trial. |
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September 28, 2021 | 2021-059-061 : ELEBY v. THE STATE OF NEW YORK, # 2021-059-061, Claim No. 133622, Motion No. M-96885 M-96885 |
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September 28, 2021 | 2021-040-049 : MAIN STREET AMERICA PROTECTION INSURANCE CO. v. THE STATE OF NEW YORK, # 2021-040-049, Claim No. NONE, Motion No. M-95576 M-95576 Motion to late file Claim pursuant to CCA § 10(6) denied as proposed Claim lacks specificity as required by CCA § 11(b). |
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September 27, 2021 | 2021-059-059 : TROTTO v. THE STATE OF NEW YORK, # 2021-059-059, Claim No. None, Motion No. M-96657 M-96657 |
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September 27, 2021 | 2021-058-045 : CASTRO v. STATE OF NEW YORK, # 2021-058-045, Claim No. 125758 Claim against Defendant for negligent transportation of an incarcerated individual from a medical appointment dismissed after trial; DOCCS van that was transporting Claimant was rear-ended by a vehicle and propelled into a marked State Police vehicle stopped in front of it. Defendant's conduct, which was subject to the reckless disregard standard set forth in Vehicle and Traffic Law § 1104, was reasonable in light of the emergency circumstances presented to the driver of the DOCCS van. |
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September 27, 2021 | 2021-059-060 : SCHIFFMAN v. THE STATE OF NEW YORK, # 2021-059-060, Claim No. 130552, Motion No. M-96851 M-96851 |
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September 23, 2021 | 2021-038-554 : DODSON v. THE STATE OF NEW YORK, # 2021-038-554, Claim No. 133505, Motion No. M-97051 M-97051 Claimant's motion for assignment of counsel denied. Notice of motion was not served on the Dutchess County attorney as required by CPLR 1101 (c). |
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September 23, 2021 | 2021-038-555 : HARRIS v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, # 2021-038-555, Claim No. 134677, Motion No. M-97001 M-97001 Claim dismissed for lack of service on the Attorney General. |
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September 23, 2021 | 2021-053-547 : MANISCALCO v. THE STATE OF NEW YORK, # 2021-053-547, Claim No. NONE, Motion No. M-96837 M-96837 Pro se incarcerated person's motion for leave to file a late claim for alleged wrongful confinement and negligence is denied. The Court finds that the wrongful confinement cause of action is time barred. As to the negligence cause of action, the factors in Court of Claims Act 10 (6) weigh against a grant of discretionary relief. |
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September 23, 2021 | 2021-041-047 : BILSKY v. THE STATE OF NEW YORK, # 2021-041-047, Claim No. 132659, Motion No. M-97067 M-97067 Claimants' motion for summary judgment as to defendant's liability in claim alleging that claimant/pedestrian was negligently struck by state-owned car while claimant/pedestrian was walking in shopping center parking lot is granted. A trial on damages will be scheduled to consider claimant/pedestrian's alleged comparative negligence in causing the accident and whether claimant/pedestrian sustained a serious injury as defined in the Insurance Law. |
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September 23, 2021 | 2021-059-058 : FRAGALE v. THE STATE OF NEW YORK, # 2021-059-058, Claim No. None, Motion No. M-96845 M-96845 |
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September 22, 2021 | 2021-059-057 : BETANCOURT v. THE STATE OF NEW YORK, # 2021-059-057, Claim No. 128829, Motion No. M-96609 M-96609 |
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September 22, 2021 | 2021-059-056 : GIANNOTTI v. THE STATE OF NEW YORK, # 2021-059-056, Claim No. 136362, Motion No. M-96810 M-96810 |
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September 21, 2021 | 2021-054-041 : AARON v. THE STATE OF NEW YORK, # 2021-054-041, Claim No. NONE, Motion No. M-96916 M-96916 late claim app denied as moot due to timely service of a notice of intention |
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September 21, 2021 | 2021-053-546 : J.F. v. STATE OF NEW YORK, # 2021-053-546, Claim No. 136492, Motion No. M-97176 M-97176 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. |
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September 20, 2021 | 2021-059-054 : BRASSIL v. THE STATE OF NEW YORK, # 2021-059-054, Claim No. None, Motion No. M-96023 M-96023 |
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September 17, 2021 | 2021-040-048 : WELCH v. SCHENECTADY COUNTY, NYS OFFICE OF CHILDREN AND FAMILY SERVICES, SUSAN FITZGERALD, SUSANNA HURLEY, # 2021-040-048, Claim No. 136375, Motion No. M-97031 M-97031 Motion by Non-State Defendant's denied as motion papers not served upon State as required by Uniform Rules for the Court of Claims § 206.9(b). However, Court sua sponte dismissed Claim against Schenectady County and individuals for lack of jurisdiction. |
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September 16, 2021 | 2021-040-046 : PIERCE v. THE STATE OF NEW YORK, # 2021-040-046, Claim No. 134131 Claim dismissed pursuant to Uniform Rules for the Court of Claims § 206.10(g) for failure to appear at a Court conference. |
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September 16, 2021 | 2021-059-053 : CUELLAR v. THE STATE OF NEW YORK, # 2021-059-053, Claim No. 135824, Motion No. M-97075 M-97075 |
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September 16, 2021 | 2021-040-047 : T.V. v. THE STATE OF NEW YORK, # 2021-040-047, Claim No. 136308, Motion No. M-96985 M-96985 Court OSC vacated. Claim was served upon Defendant. |
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September 16, 2021 | 2021-054-037 : D.T. v. THE STATE OF NEW YORK, # 2021-054-037, Claim No. 127541 Claim of assault by psychiatric facility aide dismissed due to photographs and credibility of witnesses. |
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September 16, 2021 | 2021-058-041 : G. C. v. STATE OF NEW YORK, # 2021-058-041, Claim No. 136481, Motion No. M-97151 M-97151 Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously. |
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September 15, 2021 | 2021-054-040 : NEWELL v. STATE OF NY DEPARTMENT OF TRANSPORTATION, # 2021-054-040, Claim No. 136330, Motion No. M-96883 M-96883 Motion ot dismiss granted - claim did not allege wrongdoing by the State and State is not required to assemble of ferret out info which claimant is required to allege |
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September 15, 2021 | 2021-015-089 : MAHMOOD v. THE STATE OF NEW YORK, # 2021-015-089, Claim No. 134510, Motion Nos. M-97019, M-97113, Cross-Motion No. CM-97055 M-97019, M-97113 Defendant's cross motion to dismiss the claim as untimely and for a lack of verification was granted and the claim was dismissed. Claimant's motion for emergency funds and summary judgement in his favor were denied as moot. |
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September 15, 2021 | 2021-059-052 : ARRIAGA v. THE STATE OF NEW YORK, # 2021-059-052, Claim No. 131370, Motion No. M-96738 M-96738 |
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September 14, 2021 | 2021-015-087 : MAHMOOD v. STATE OF NEW YORK, # 2021-015-087, Claim No. 136290, Motion Nos. M-97013, M-97014, M-97015, M-97016 M-97013, M-97014, M-97015, M-97016 Pro se claimant's multiple motions for emergency relief, to reopen his claim and to renew the prior motions dismissing his claim were all denied. |
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September 14, 2021 | 2021-053-544 : PB-28 DOE v. STATE OF NEW YORK and NEW YORK STATE OFFICE OF CHILDREN AND FAMILY SERVICES, # 2021-053-544, Claim No. 136560, Motion No. M-97085 M-97085 Claimant sought leave by Order to Show Cause to proceed under a pseudonym in this claim brought under the provisions of the Child Victims Act. 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. |
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September 14, 2021 | 2021-015-088 : MAHMOOD v. THE STATE OF NEW YORK, # 2021-015-088, Claim No. 134432, Motion Nos. M-97017, M-97018 M-97017, M-97018 Pro se claimant's motion to renew prior Order dismissing claim and for emergency funds was denied. |
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September 13, 2021 | 2021-058-043 : BUCHMANN v. STATE OF NEW YORK, # 2021-058-043, Claim No. 131744 After liability trial, claim alleging medical malpractice and a derivative loss of consortium claim dismissed; The adverse reaction suffered by Claimant from the placement of an IV was not the result of any negligence by Defendant in failing to properly sterilize her hand. |
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September 10, 2021 | 2021-059-055 : BILLUPS v. THE STATE OF NEW YORK, # 2021-059-055, Claim No. 134770, Motion No. M-96153 M-96153 |
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September 10, 2021 | 2021-051-029 : MCDONALD v. STATE OF NEW YORK , # 2021-051-029, Claim No. 136311, Motion No. M-96833 M-96833 Defendant's pre-answer motion to dismiss 8-b wrongful conviction claim denied. Claimant sufficiently pled her innocence and that her actions did not contribute to her conviction. In addition, the records attached sufficiently demonstrated she was sentenced to a period of incarceration and served a portion of her sentence. |
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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 |
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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 |
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September 9, 2021 | 2021-051-028 : SHEEHAN v. STATE OF NEW YORK, # 2021-051-028, Claim No. 136170, Motion No. M-96785, Cross-Motion No. CM-96830 M-96785 Defendant's pre-answer motion to dismiss tort claim arising from a motor vehicle accident on a state road granted on the grounds that both the notice of intent and claim failed to properly identify the location of the accident or specify the nature of the claim. Claimants' cross motion to amend the claim was denied because a jurisdictionally deficient claim cannot be amended. Claimants' cross motion for permission to serve a late claim denied without prejudice since the factors on the proof submitted do not weigh in their favor. |
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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. |
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September 8, 2021 | 2021-038-102 : GALLOWAY v. STATE OF NEW YORK, # 2021-038-102, Claim No. 128472 On remittal, claim for assault and battery dismissed. The Court credited claimant's trial testimony that he was subjected to a premeditated and unprovoked attack by multiple correction officers and found that claimant thus had failed to prove by a preponderance of the credible evidence that defendant's employees were acting within the scope of their employment at that time. |
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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. |
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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. |
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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. |
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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. |
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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. |