New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 449 September 25, 2018 2018-015-160 : DEVAUGHN v. THE STATE OF NEW YORK, # 2018-015-160, Claim No. NONE, Motion No. M-92347 M-92347
Pro se inmate's late claim application was denied as he failed to allege the essential elements of a cause of action for wrongful confinement or a date of accrual.
Score: 388 September 20, 2018 2018-054-092 : GEICO A/S/O FISHER v. THE STATE OF NEW YORK, # 2018-054-092, Claim No. 131610, Motion No. M-92572 M-92572
Motion denied, service improper.
Score: 449 September 18, 2018 2018-015-159 : FIGUEROA v. THE STATE OF NEW YORK, # 2018-015-159, Claim No. 130570, Motion No. M-92341 M-92341
Claimant's motion to amend his claim was granted on consent.
Score: 585 September 14, 2018 2015-015-139 : CRANE HOGAN v. STATE OF NEW YORK, # 2015-015-139, Claim No. 121506, Motion No. M-91721 M-91721
Claimant alleges damages for extra work and delays incurred in performing hydrodemolition of concrete in a municipal parking garage of a complex occupied by the State and local municipalities. Defendant's motion for summary judgment dismissing the claim, alleging breach of a public improvement contract, was granted to the extent of dismissing the extra work and delay claim which was related to the performance of an illegal discharge of concrete slurry into the Susquehanna River. To the extent defendant argued that the contract was void pursuant to Labor Law 222-a following the claimant's alleged release of
Score: 750 September 14, 2018 2018-045-033 : LAWSON v. THE STATE OF NEW YORK, # 2018-045-033, Claim No. None, Motion No. M-92217 M-92217
Motion to file a late notice of intention. Any interested party including proposed administrator can serve notice of intention to file claim.
Score: 498 September 11, 2018 2018-029-085 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-029-085, Claim No. 122470 
The pro se claim for negligence sought damages for burns sustained at Fishkill Correctional Facility while claimant, an inmate, was handling a rice steamer. After trial, the court found defendant not liable and dismissed the claim.
Score: 518 September 10, 2018 2018-053-009 : DESTINO v. THE STATE OF NEW YORK, # 2018-053-009, Claim No. 119498 
Following a bifurcated trial on the issue of liability, the Court finds that the NYS Trooper who collided with claimant's vehicle at an intersection was involved in an emergency operation as defined by VTL 1104 but that claimant established that the Trooper's conduct was reckless and a proximate cause of the accident. The Court apportioned 75% liability against the State and 25% liability against claimant for his comparative negligence.
Score: 347 September 7, 2018 2018-041-060 : FLOYD v. THE STATE OF NEW YORK, # 2018-041-060, Claim No. 128816, Motion No. M-92497, Cross-Motion No. CM-92619 M-92497
Claimant's motion for summary judgment in wrongful confinement claim is granted where defendant fails to raise factual issue requiring a trial as to claimant's proof showing that defendant confined claimant for fifty-eight (58) days as a result of inmate disciplinary determination commenced and conducted in violation of defendant's own regulation.
Score: 149 September 7, 2018 2018-041-059 : FLOYD v. THE STATE OF NEW YORK, # 2018-041-059, Claim No. 128789, Motion No. M-92272 M-92272
Claimant's motion for summary judgment in wrongful confinement claim is denied where claimant failed to prove, as a matter of law, that defendant wrongfully confined him for seven (7) days beyond the administrative reversal of an inmate disciplinary determination of guilt that was related to the issuance of a July 26, 2016 misbehavior report.
Score: 626 September 7, 2018 2018-032-050 : MOREHOUSE v. THE STATE OF NEW YORK, # 2018-032-050, Claim No. 122123, Motion No. M-92006 M-92006
The claim is dismissed for claimant's failure to serve the claim upon the Attorney General.
Score: 388 September 7, 2018 2018-032-051 : MCDOWELL v. THE STATE OF NEW YORK, # 2018-032-051, Claim No. None, Motion No. M-91938 M-91938
Movant's motion for permission to file and serve a late claim is denied. Movant failed to attach a proposed claim, and papers submitted in support of the motion indicate that the cause of action is untimely.
Score: 585 September 6, 2018 2018-041-058 : ADENIJI v. THE STATE OF NEW YORK, # 2018-041-058, Claim No. 131011, Motion Nos. M-92350, M-92487 M-92350, M-92487
Claim alleging statutory unlawful discrimination cause of action is dismissed for failure to state a cause of action where claimant elected administrative remedy provided by New York State Human Rights Law and is consequently barred by Executive Law 297 (9) from bringing suit in the Court of Claims.
Score: 347 September 4, 2018 2018-041-057 : HORTON v. THE STATE OF NEW YORK, # 2018-041-057, Claim No. 131297, Motion No. M-92321 M-92321
Defendant's pre-answer motion to dismiss claim pursuant to CPLR 3211 (a) (7) for failure to state a wrongful confinement cause of action is denied where primary basis of motion is assertion of governmental function immunity defense which claimant is not required to disprove as an element of his cause of action for wrongful confinement.
Score: 475 August 31, 2018 2018-054-091 : ELABDOUNI v. THE STATE OF NEW YORK, # 2018-054-091, Claim No. 130624, Motion No. M-92621 M-92621
Motion to dismiss granted, claim filed untimely.
Score: 498 August 30, 2018 2018-054-087 : WORD v. THE STATE OF NEW YORK, # 2018-054-087, Claim No. 131356, Motion No. M-92553 M-92553
Claimant's motion to reargue denied. Claimant has not established that the Court overlooked or misapprehended the relevant facts or that the Court misapplied any controlling principle of law.
Score: 713 August 30, 2018 2018-032-047 : NEAL v. THE STATE OF NEW YORK, # 2018-032-047, Claim No. None, Motion No. M-91901 M-91901
Motion for late claim relief pursuant to Court of Claims Act § 10 (6) is granted.
Score: 420 August 30, 2018 2018-054-090 : WADE v. THE STATE OF NEW YORK, # 2018-054-090, Claim No. NONE, Motion No. M-92637 M-92637
Late claim application denied. Mmovant has not made any allegation of negligence attributable to the State; fails to state a cause of action..
Score: 388 August 30, 2018 2018-054-071 : BOTFELD v. THE STATE OF NEW YORK, # 2018-054-071, Claim No. 131255, Motion No. M-92246 M-92246
State's pre-answer motion to dismiss is gratned, Hudson Rivera Park Trust not a proper party defendant.
Score: 299 August 30, 2018 2018-054-089 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-089, Claim No. 127039, Motion No. M-92564 M-92564
Claimant;'s request for a change in venue denied, did not meet his burden of establishing that there is reason to believe that an impartial trial cannot be had at the correctional facility of accrual of the claim.
Score: 498 August 29, 2018 2018-015-155 : REDD v. THE STATE OF NEW YORK, # 2018-015-155, Claim No. 121095, Motion No. M-92271 M-92271
Inmate's motion to renew dismissal of claim following trial was denied.
Score: 236 August 29, 2018 2018-015-157 : MITCHELL v. STATE OF NEW YORK, # 2018-015-157, Claim No. 125954, Motion No. M-92314 M-92314
Pro se inmate's motion to schedule settlement conference was denied.
Score: 475 August 29, 2018 2018-015-158 : YEFIMOVA v. THE STATE OF NEW YORK, # 2018-015-158, Claim No. 131336, Motion No. M-92373 M-92373
Claim which named the Chief Clerk as a defendant was dismissed on jurisdictional grounds.
Score: 420 August 29, 2018 2018-038-580 : TENACE v. THE STATE OF NEW YORK, # 2018-038-580, Claim No. 129690-A, Motion No. M-92498 M-92498
Motion to dismiss claim on grounds of absolute immunity granted in part and denied in part. Causes of action complaining of lack of good faith during disciplinary process did not allege due process violation, and thus where dismissed. Causes of action arising from conduct of defendant's agents during investigation and not during disciplinary process not subject to absolute immunity.
Score: 149 August 29, 2018 2018-015-156 : NOVA v. THE STATE OF NEW YORK, # 2018-015-156, Claim No. 130455, Motion No. M-92280 M-92280
Claimant's motion to compel answers to interrogatories was granted in part.
Score: 696 August 28, 2018 2018-029-081 : HINZ-SHAFFER v. THE STATE OF NEW YORK, # 2018-029-081, Claim No. 127512 
After a liability trial, the court found the State of New York not liable for negligence in Robert Hinz' 2015 fall from his wheelchair on the Hudson River Walkway after the front wheels caught in an expansion joint. The court found there was no prima facie evidence of a dangerous condition and dismissed the claim.
Score: 687 August 24, 2018 2018-053-545 : GANG v. STATE OF NEW YORK, # 2018-053-545, Claim No. 127939, Motion No. M-91994, Cross-Motion No. CM-92138 M-91994
Claimant's motion to dismiss certain affirmative defenses is denied and defendant's cross-motion to dismiss the claim is granted as claimant's service of the initial notice of intention was a nullity and the second notice of intention was untimely and jurisdictionally defective.
Score: 555 August 23, 2018 2018-015-151 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-015-151, Claim No. NONE, Motion No. M-92153 M-92153
Motion for late claim relief was granted with regard to the proposed cause of action for the unlawful disclosure of confidential HIV information but denied with respect to the proposed cause of action for negligent infliction of emotional distress.
Score: 299 August 22, 2018 2018-015-149 : TERRENCE v. THE STATE OF NEW YORK, # 2018-015-149, Claim No. 123924 
Claimant failed to demonstrate excessive force by a preponderance of the credible evidence.
Score: 659 August 22, 2018 2018-041-055 : THOMPSON v. THE STATE OF NEW YORK, # 2018-041-055, Claim No. NONE, Motion No. M-91851 M-91851
Application to file late claim is granted as allegations provide cause to believe that a meritorious claim for Labor Law violations resulting in personal injury may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 347 August 22, 2018 2018-015-153 : FIGUEROA v. THE STATE OF NEW YORK, # 2018-015-153, Claim No. NONE, Motion No. M-92204 M-92204
Motion for late claim relief was adjourned to permit service of the motion upon defendant which claimed it had not been served.
Score: 518 August 22, 2018 2018-015-154 : WATSON v. THE STATE OF NEW YORK, # 2018-015-154, Claim No. 131184, Motion No. M-92207 M-92207
Claim was dismissed for improper service.
Score: 678 August 22, 2018 2018-054-085 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-054-085, Claim No. 122732 
Inmate who sustained catastrophic injuries when squat rack flipped over was held to have assumed risks of injury; defendant found not liable.
Score: 236 August 21, 2018 2018-015-150 : RIVERA v. STATE OF NEW YORK, # 2018-015-150, Claim No. 128397 
Claimant failed to prove either a deviation in the standard of medical care or that DOCCS' alleged failure to provide orthotics was a proximate cause of his injury. No expert medical evidence was offered at trial.
Score: 236 August 21, 2018 2018-015-147 : ROMANO v. THE STATE OF NEW YORK, # 2018-015-147, Claim No. 123487 
Claimant, a pro se inmate, was awarded damages for the period he was held in disciplinary confinement beyond the date the disciplinary hearing determination was reversed.
Score: 388 August 20, 2018 2018-015-148 : HANESWORTH v. THE STATE OF NEW YORK, # 2018-015-148, Claim No. 124474 
In a claim by pro se inmate alleging excessive force, Court found that the degree of force used was reasonable under the circumstances.
Score: 388 August 20, 2018 2018-015-152 : GURVEY v. STATE OF NEW YORK, # 2018-015-152, Claim No. 128261, Motion No. M-92190 M-92190
Claimant's motion to renew prior motion was denied. No new facts warranted renewal nor would the documents submitted change the Court's prior determination that the claim was jurisdictionally defective.
Score: 475 August 16, 2018 2018-054-086 : GREENE v. THE STATE OF NEW YORK, # 2018-054-086, Claim No. 129217 
Claim dismissed. Claimant did not appear for trial. Letter to claimant returned to the Court.
Score: 737 August 15, 2018 2018-054-084 : ADAM DEVELOPERS v. THE STATE OF NEW YORK, # 2018-054-084, Claim No. NONE, Motion No. M-91784 M-91784
Late claim application denied based on collateral estoppel and proposed claim of questionable merit.
Score: 236 August 15, 2018 2018-038-577 : WOOD v. THE STATE OF NEW YORK, # 2018-038-577, Claim No. 129454, Motion No. M-92201 M-92201
Claimant's motion for partial summary judgment on liability granted on his cause of action pursuant to Labor Law § 240. Claimant was working on a structure and in a manner covered by the statute, and he demonstrated that he was working at an elevated site, that no safety devices were provided, that he fell and sustained injuries, and that the absence of adequate safety devices was a proximate cause of his fall. Summary judgment denied on Labor Law § 200 because claimant did not show that defendant owner exercised control over claimant's work, and denied with respect to Labor Law § 241 (6) because there was an issue of fact as to whether there was a violation of one Industrial Code violation and claimant did not demonstrate that the second provision was applicable to the roof from which claimant fell.
Score: 498 August 14, 2018 2018-040-076 : KNOWLIN v. THE STATE OF NEW YORK, # 2018-040-076, Claim No. 128641, Motion No. M-92392 M-92392
Claimant's Motion to produce a copy of food production facility safety sheet denied without prejudice.
Score: 518 August 14, 2018 2018-040-075 : GILBERT v. THE STATE OF NEW YORK, # 2018-040-075, Claim No. 127846, Motion No. M-92111 M-92111
Counsel's request for leave to withdraw granted.
Score: 388 August 14, 2018 2018-015-146 : HICKS v. THE STATE OF NEW YORK, # 2018-015-146, Claim No. 127485, Motion No. M-92235 M-92235
Defendant's summary judgment motion seeking dismissal of malicious prosecution claim was denied inasmuch as there is no per se rule foreclosing such claims where the underlying criminal charges were dismissed in the interest of justice.
Score: 570 August 14, 2018 2018-032-045 : FINGER v. THE STATE OF NEW YORK, # 2018-032-045, Claim No. 120222 
Following a trial, claimant's claim for breach of contract is dismissed. Claimant failed to prove by a preponderance of the credible evidence that a valid agreement existed.
Score: 388 August 14, 2018 2018-015-142 : JONES v. STATE OF NEW YORK, # 2018-015-142, Claim No. 122260, 122655, 123479, 123480 
Two of former inmate's claims alleging medical negligence were dismissed for failing to present expert medical evidence and two other claims alleging cruel and unusual punishment under the NYS Constitution were dismissed because the conditions of claimant's confinement did not constitute a sufficiently serious denial of the minimal civilized measure of life's necessities and were justified by penological objectives.
Score: 648 August 14, 2018 2018-018-953 : SIVERS v. STATE OF NEW YORK, # 2018-018-953, Claim No. NONE, Motion No. M-92227 M-92227
Late claim application granted.
Score: 570 August 14, 2018 2018-041-504 : GORDON v. THE STATE OF NEW YORK, # 2018-041-504, Claim No. 122585, 122682, 122683, 123003, 125536, 125734, 126025, 126026, 126047, 126049, 126137 
After trial, the Court finds that defendant negligently caused the ten (10) inmate-claimants to suffer frostbite by conducting a lengthy pat frisk procedure on February 7, 2013, outdoors, in freezing conditions while the inmate-claimants were not permitted to wear their hats, gloves and scarves and were required to grasp a metal chain-link fence with bare hands during the entire process. Inmate-claimant Weaver is awarded $100,000 for past pain and suffering and the nine remaining claimants are each awarded $75,000 for past pain and suffering. No award is made to the inmate-claimants for future pain and suffering.
Score: 763 August 13, 2018 2018-032-043 : HAUSDORF v. THE STATE OF NEW YORK, # 2018-032-043, Claim No. 129772, Motion No. M-91897 M-91897
Movant's motion for late claim relief is denied. The Court of Claims is a court of limited jurisdiction that cannot review omissions or determinations made by an administrative agency.
Score: 887 August 13, 2018 2018-032-044 : CUTIE v. THE STATE OF NEW YORK, # 2018-032-044, Claim No. 125806, Motion No. M-91615 M-91615
The claim is dismissed in its entirety. Claimants' causes of action sounding in defamation, tortious interference with existing contracts, breach of contract, and negligence failed to comply with Court of Claims Act § 11 (b). No triable issues of fact exist as to the claim for tortious interference with business relationships.
Score: 613 August 13, 2018 2018-015-144 : BUFFALO YACHT CLUB v. STATE OF NEW YORK, acting through New York State Department of Transportation and NEW YORK STATE THRUWAY AUTHORITY, # 2018-015-144, Claim No. 130555, Motion Nos. M-91713, M-91740, Cross-Motion No. CM-91894 M-91713, M-91740
Claim for damages arising from a continuing trespass due to the increased flow of water in underground structures allegedly caused by construction-site runoff was dismissed for failure to allege the date the claim accrued or the date the damages were repaired.
Score: 648 August 10, 2018 2018-053-008 : DIAZ v. STATE OF NEW YORK, # 2018-053-008, Claim No. 127064 
After trial, a pro se claim for wrongful confinement is dismissed. Claimant failed to establish that a violation of any due process regulation proximately caused his alleged wrongful confinement.