New York State Court of Claims

New York State Court of Claims

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Score: 613 June 7, 2018 2018-041-503 : MANOLEFF v. THE STATE OF NEW YORK, THE NEW YORK STATE THRUWAY AUTHORITY and THE NEW YORK STATE CANAL CORPORATION, # 2018-041-503, Claim No. 127346 
Claim alleging that claimants were each injured upon landing on an object in the Hudson River after swinging from a rope swing attached to a tree located on property owned by the United States is dismissed where claimants were owed no actionable negligence duty of care by the State of New York and, even assuming that such a duty was owed, failed to prove the existence of a dangerous condition, that any such condition caused claimants' injuries and that the State of New York had either actual or constructive notice of any such condition.
Score: 420 June 6, 2018 2018-054-059 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-054-059, Claim No. 126688 
Inmate slip and fall, no evidence defendant had notice of a dangerous condition.
Score: 518 June 5, 2018 2018-054-057 : FUNCHES v. THE STATE OF NEW YORK, # 2018-054-057, Claim No. 126639 
Inmate bailment claim dismissed, no proof of ownership or value presented.
Score: 570 May 30, 2018 2018-041-041 : ARCHER v. THE STATE OF NEW YORK, # 2018-041-041, Claim No. 131056, Motion No. M-92053 M-92053
Defendant's motion to dismiss claim alleging, among other intentional acts, that correction officers assaulted claimant is granted where claim was not served within time limitations period set forth in Court of Claims Act 10 (3-b).
Score: 420 May 29, 2018 2018-053-006 : YORKE v. STATE OF NEW YORK, # 2018-053-006, Claim No. 126189 
After a bifurcated trial on the issue of liability in a claim arising from a motor vehicle accident, the State was determined to be negligent.  The State was found to be 100% liable with no comparative negligence assessed to claimant as a factual determination was made that she had the right of way and only seconds to react to the State vehicle entering the roadway.
Score: 388 May 23, 2018 2018-041-038 : HOLMES v. THE STATE OF NEW YORK, # 2018-041-038, Claim No. 130382, Motion No. M-92078 M-92078
Claimant's motion to extend his time to file a notice of appeal is denied.
Score: 388 May 23, 2018 2018-054-055 : BELL v. THE STATE OF NEW YORK, # 2018-054-055, Claim No. 130640, Motion No. M-92062 M-92062
Unverified claim dismissed
Score: 449 May 23, 2018 2018-054-054 : ROWE v. CITY UNIVERSITY OF NEW YORK, # 2018-054-054, Claim No. 131113, Motion No. M-92123 M-92123
claim dismissed for failure to serve CUNY and A.G.
Score: 498 May 22, 2018 2018-054-053 : TORRES v. THE STATE OF NEW YORK, # 2018-054-053, Claim No. 126160, Motion No. M-92042 M-92042
Claim dismissed, not timely served on defendant.
Score: 613 May 22, 2018 2018-054-051 : YEFIMOVA v. TRUSTCO BANK, JONATHAN B. NELSON, ADDRESS: 555 THEODORE FREMD AV. RYE, NEW YORK 10580, # 2018-054-051, Claim No. 131091, Motion No. M-92147 M-92147
Claim fails to comply with Court of Claims Act § 11 (b), not specific enough.
Score: 498 May 22, 2018 2018-054-049 : THOMAS v. THE STATE OF NEW YORK, ET AL., # 2018-054-049, Claim No. 129206, Motion No. M-91919 M-91919
Claim dismissed, notice of intention untimely.
Score: 449 May 22, 2018 2018-054-050 : WATERS v. THE STATE OF NEW YORK, # 2018-054-050, Claim No. 124487, Motion No. M-92021 M-92021
Inmate's appeal request for transcript denied.
Score: 626 May 22, 2018 2018-051-010 : JOHNSON v. STATE OF NEW YORK, # 2018-051-010, Claim No. 105034 (1), Motion No. M-90699 M-90699
Upon defendant's extensive motion for sanctions, the Court issued a final Order providing for future sanctions if claimant fails to present proof at trial or respond to motions.
Score: 347 May 21, 2018 2018-041-037 : DENSLOW v. THE STATE OF NEW YORK, # 2018-041-037, Claim No. 130885, Motion No. M-92069 M-92069
Claimant's motion for an order compelling discovery is denied where claimant failed to first seek disclosure by notice or stipulation as set forth in CPLR 3102.
Score: 388 May 21, 2018 2018-054-017 : THOMAS v. THE STATE OF NEW YORK, # 2018-054-017, Claim No. 125985 
Inmate hit by softball, no proof of negligence.
Score: 570 May 21, 2018 2018-040-048 : WRIGHT v. THE STATE OF NEW YORK, # 2018-040-048, Claim No. 128195 
Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant is liable in connection with his Claim.
Score: 518 May 18, 2018 2018-015-127 : MONROE v. STATE OF NEW YORK, # 2018-015-127, Claim No. 130126, Motion No. M-91891 M-91891
Claim was dismissed for lack of service.
Score: 388 May 18, 2018 2018-053-526 : BOJARSKI v. STATE OF NEW YORK, # 2018-053-526, Claim No. 130252, Motion No. M-91677 M-91677
The State brings a pre-answer motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7). Claimant, a nurse practitioner, alleges in the claim that she was struck by a resident of a group home while providing medical care. Accepting claimant's allegations as true for purposes of this motion, the Court cannot conclude that the claim fails to state a cause of action and the motion is denied.
Score: 236 May 16, 2018 2018-015-117 : BYRD v. THE STATE OF NEW YORK, # 2018-015-117, Claim No. 123243 
This pro se inmate's claim for the loss of personal property following transfer to the Special Housing Unit was dismissed following trial.
Score: 475 May 16, 2018 2018-015-116 : ADAMS v. THE STATE OF NEW YORK, # 2018-015-116, Claim No. 123177 
Pro se inmate's wrongful confinement claim was dismissed after trial on the ground he failed to demonstrate that without a violation of the rule pertaining to an inmate's right to call witnesses, he would have prevailed at the hearing. Thus, proximate cause was lacking.
Score: 518 May 15, 2018 2018-018-934 : LANZAFAME v. NEW YORK STATE THRUWAY AUTHORITY, # 2018-018-934, Claim No. 125133, Motion No. M-91874 M-91874
Claimant granted summary judgment based upon doctrine of res ipsa loquitur. Claimant did not have to establish a
Score: 722 May 15, 2018 2018-053-525 : SAVAGE v. STATE OF NEW YORK, # 2018-053-525, Claim No. 128121, Motion No. M-91834 M-91834
The State's motion for summary judgment pursuant to CPLR 3212 seeking to dismiss this claim for false imprisonment, unjust conviction and imprisonment, and wrongful confinement is granted.  The claimant's conviction was not overturned for reasons enumerated by section 8-b (3) (b) and he failed to establish by documentary evidence that his conviction was reversed on one of the predicate grounds listed in CPL 440.10.  The wrongful confinement claim was dismissed as claimant's confinement was determined to be privileged.
Score: 475 May 14, 2018 2018-053-524 : WHITE v. THE STATE OF NEW YORK, # 2018-053-524, Claim No. 128409, Motion No. M-91913 M-91913
In this Section 8-b claim for unjust conviction and imprisonment, the motion by the Erie County District Attorney to quash a subpoena duces tecum is granted, in part and denied, in part.
Score: 585 May 11, 2018 2018-018-932 : PEREZ v. STATE OF NEW YORK, # 2018-018-932, Claim No. 130712, Motion No. M-91800 M-91800
Defendant's pre-answer to dismiss is granted and the claim is dismissed for failure to comply with CCA § 11 (a) (i).
Score: 570 May 11, 2018 2018-053-522 : WHITE v. THE STATE OF NEW YORK, # 2018-053-522, Claim No. 126690, Motion No. M-91847, Cross-Motion No. CM-91922 M-91847
Claimant's motion for summary judgment on his Labor Law 241 (6) cause of action alleging a violation of Rule 23-9.7 (d) is granted. The April 3, 2018 decision of the Court of Appeals in Rodriguez v City of New York is held to apply and claimant's potential comparative negligence, although an issue for trial, does not prevent the Court from granting claimant's motion for summary judgment. The State's cross-motion for summary judgment dismissing the causes of action for common law negligence and Labor Law 200 is also granted.  
Score: 555 May 10, 2018 2018-040-047 : G.C. v. THE STATE OF NEW YORK, # 2018-040-047, Claim No. NONE, Motion No. M-91793 M-91793
Motion to serve and file a claim late pursuant to CCA § 10(6) denied.
Score: 613 May 10, 2018 2018-054-005 : HERNANDEZ v. THE STATE OF NEW YORK, # 2018-054-005, Claim No. 129150 
Inmate bailment
Score: 713 May 8, 2018 2018-040-045 : TURPEAU v. THE STATE OF NEW YORK, # 2018-040-045, Claim No. 122884, Motion No. M-91818 M-91818
State's Motion to dismiss Claim as untimely on the basis that Claimant's Notice of Intent failed to meet the particularity requirements of CCA § 11(b) and, thus, did not extend Claimant's time to serve and file the Claim denied.
Score: 518 May 7, 2018 2018-040-043 : PLANTZ v. THE STATE OF NEW YORK, # 2018-040-043, Claim No. 130410, Motion No. M-91815 M-91815
Claim dismissed as Claimant failed to establish he served the Claim upon the Defendant as required by CCA.
Score: 843 May 7, 2018 2018-044-528 : FINCH v. THE STATE OF NEW YORK, # 2018-044-528, Claim No. 130601, 130647, Motion Nos. M-91817, M-91819, Cross-Motion Nos. CM-92015, CM-92016 M-91817, M-91819
Claims for damages allegedly suffered in relation to a criminal adjudication against claimant in a town court was dismissed by the Court, as the Court lacks jurisdiction over the Town Justice, and the claims failed to adequately set forth a legitimate cause of action.
Score: 696 May 4, 2018 2018-053-005 : RAMULIC v. STATE OF NEW YORK, # 2018-053-005, Claim No. 119842 
After a bifurcated trial on the issue of liability, the Court finds that claimant established his negligence claim against the State resulting from a fall on snow and ice.  The Court apportioned liability with 75% against the State and 25% against the claimant.
Score: 678 May 3, 2018 2018-045-018 : BDG v. THE STATE OF NEW YORK, # 2018-045-018, Claim No. 122519, Motion No. M-91702 M-91702
Motion after trial decision pursuant to EDPL §701 seeking an order awarding claimant an additional allowance in the sum of $328,681.05 for actual and necessary costs, disbursements and expenses, consisting of reasonable attorneys' fees, expert witness fees and disbursements actually incurred by claimant in prosecuting the claim.
Score: 704 May 3, 2018 2018-040-042 : LEE v. THE STATE OF NEW YORK, # 2018-040-042, Claim No. 126983, Motion No. M-91772 M-91772
State's Motion to dismiss the Claim as untimely on the basis that Claimant's Notice of Intent failed to meet the particularity requirement of CCA § 11(b) and, thus, did not extend Claimant's time to serve and file the Claim granted and Claim dismissed.
Score: 613 May 3, 2018 2018-040-041 : MATUL v. THE STATE OF NEW YORK, # 2018-040-041, Claim No. 122501 
Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant was liable in connection with his Claim that he was assaulted by numerous Correction Officers.
Score: 776 May 3, 2018 2018-040-040 : GREENE v. THE STATE OF NEW YORK, # 2018-040-040, Claim No. NONE, Motion No. M-91963 M-91963
Motion to serve and file a Claim late pursuant to CCA § 10(6) granted in part.
Score: 704 May 3, 2018 2018-054-024 : TUCKER v. NEW YORK STATE THRUWAY AUTHORITY, # 2018-054-024, Claim No. NONE, Motion No. M-91544 M-91544
Late claim, Labor law denied , no notice.
Score: 737 May 2, 2018 2018-053-523 : GEICO v. NIAGARA FRONTIER TRANSP. AUTH. and CHARLES H. BOYKIN, # 2018-053-523, Claim No. 129975, Motion No. M-91725 M-91725
By Order to Show Cause, the Court ordered the parties to submit statements regarding service of the claim as no answer was ever filed. The State established that no claim was ever served upon the Attorney General, which deprives this Court of jurisdiction and requires dismissal of the claim.  In addition, even if properly served, the Court would dismiss the claim as there is no subject matter jurisdiction over a claim brought against the Niagara Frontier Transportation Authority (NFTA).  Actions against the NFTA are governed by Public Authorities Law 1299-e, which does not confer jurisdiction upon the Court of Claims.
Score: 626 May 2, 2018 2018-041-034 : SCOTT v. THE STATE OF NEW YORK, # 2018-041-034, Claim No. 127416, Motion No. M-91879 M-91879
Claim alleging that defendant improperly withheld inmate mail is dismissed for lack of jurisdiction where claim was served on Attorney General more than ninety days after accrual and where Court lacks subject matter jurisdiction over claim sounding in equity.
Score: 713 May 2, 2018 2018-015-125 : HARTEY v. THE STATE OF NEW YORK, # 2018-015-125, Claim No. 127591, Motion No. M-92020 M-92020
Defendant's motion to dismiss the claim as untimely was denied because it icorrectly asserted Court of Claims Act § 10 (3) as a defense to a claim for wrongful confinement, which is an intentional tort controlled by the provisions of § 10 (3-b).
Score: 600 May 2, 2018 2018-044-006 : LEVOLA v. THE STATE OF NEW YORK, # 2018-044-006, Claim No. 115904 
After trial, Court dismissed claim for medical malpractice due to pro se claimant's failure to establish accepted standard of care through expert testimony. Medical reports opining that the treatment claimant received deviated from the standard of care were meaningless without affording the opining party the opportunity to cross-examine the author.
Score: 670 May 1, 2018 2018-029-041 : KATIC v. THE STATE OF NEW YORK, # 2018-029-041, Claim No. 123687 
Claimant, an asbestos removal worker, was injured in a fall at the work site on the SUNY Purchase campus while pulling a heavy load of waste bags. The claim alleged claimant slipped on water and debris on the floor of the waste decontamination area. After a two-day trial, the court found defendant not liable for negligence, violations of Labor Law §§ 200, 240 and 241(6), and violation of the State Industrial Code, 12 NYCRR §§ 23-1.7 (d) and (e), and 12 NYCRR § 23-1.30 and dismissed the claim.
Score: 347 May 1, 2018 2018-040-039 : DOLBERRY v. THE STATE OF NEW YORK, # 2018-040-039, Claim No. 129253, Motion No. M-91797 M-91797
Claimant's Motion for summary judgment pursuant to CPLR 3212 denied.
Score: 475 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.
Score: 420 April 30, 2018 2018-015-124 : MAGALIOS v. THE STATE OF NEW YORK, # 2018-015-124, Claim No. 127762, Motion No. M-92019, Cross-Motion No. CM-92057 M-92019
Pro se inmate's bailment claim was dismissed as it was filed before he exhausted his administrative remedies.
Score: 449 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.
Score: 449 April 27, 2018 2018-053-521 : BUSH v. STATE OF NEW YORK, # 2018-053-521, Claim No. 125154, Motion No. M-91718 M-91718
Pro se inmate's motion to compel the State to conduct and pay for an independent medical examination to determine any damage to his eye arising from an alleged assault is denied.  22 NYCRR 206.14 of the Uniform Rules for the Court of Claims does not require that the State provide claimant with and pay for a physician to conduct an independent medical evaluation, nor does it require the State to conduct an independent medical examination.
Score: 236 April 27, 2018 2018-054-047 : CARGILL v. THE STATE OF NEW YORK, # 2018-054-047, Claim No. 125855 
inmate med mal dismissed, no medical evidence
Score: 518 April 27, 2018 2018-045-017 : MNS v. THE STATE OF NEW YORK, # 2018-045-017, Claim No. 127332, Motion No. M-91305 M-91305
Motion after trial decision pursuant to EDPL §701 seeking an order awarding claimant an additional allowance in the sum of $28,793.60 for actual and necessary costs, disbursements and expenses, consisting of reasonable attorneys' fees, expert witness fees and disbursements actually incurred by claimant in prosecuting the claim.
Score: 388 April 27, 2018 2018-038-545 : PEREZ v. THE STATE OF NEW YORK, # 2018-038-545, Claim No. 129941, Motion No. M-90837 M-90837
Defendant's motion to dismiss claim for untimely service granted. Claim for wrongful confinement following a reversal of disciplinary charges accrued upon claimant's release from the confinement, not the date upon which he learned of the reversal.
Score: 570 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.