New York State Court of Claims

New York State Court of Claims

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Score: 347 September 26, 2018 2018-015-166 : MYERS v. THE STATE OF NEW YORK, # 2018-015-166, Claim No. 121690, Motion No. M-92456 M-92456
Claimant's motion to compel discovery was denied except to the extent of requiring the exchange of certain witness information and a privilege log.
Score: 555 September 26, 2018 2018-015-164 : PETERKIN v. THE STATE OF NEW YORK, # 2018-015-164, Claim No. NONE, Motion No. M-91965 M-91965
Motion for leave to serve and file a late claim alleging defamation and breach of contract was granted. Absent discovery, privilege issues could not be definitively determined.
Score: 570 September 25, 2018 2018-015-130 : SALCE v. STATE OF NEW YORK, # 2018-015-130, Claim No. 126391 
Claim alleging wrongful conviction was dismissed following a trial as the claimant failed to meet her burden of establishing by clear and convincing evidence that she was innocent of the crimes charged.
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: 570 September 24, 2018 2018-029-090 : GRAHAM v. THE STATE OF NEW YORK, # 2018-029-090, Claim No. 129322 
After a video trial, the court granted defendant's motion to dismiss the pro se claim where claimant failed to establish a prima facie case of medical malpractice or medical negligence by staff at Bedford Hills Correctional Facility. Claimant did not offer testimony from a medical expert, or other expert evidence, to establish the standard of care or accepted practices of other medical professionals in the field.
Score: 600 September 24, 2018 2018-029-089 : TAYLOR v. THE STATE OF NEW YORK, # 2018-029-089, Claim No. 129680 
After a video trial of the pro se bailment claim, the court found defendant liable for negligent bailment of claimant's property at Bedford Hills Correctional Facility and awarded claimant damages in the amount of $98.
Score: 388 September 20, 2018 2018-038-113 : DRAX v. STATE OF NEW YORK, # 2018-038-113, Claim No. 122317 
Defendant's motion to dismiss medical negligence claim at the conclusion of claimant's proof reserved upon at trial, granted thereafter. The claim and the proof adduced at trial support allegations of doctor's failure to exercise medical skill and judgment, issues that implicate matters not within the knowledge of a lay person thus requiring expert testimony, which claimant did not offer.
Score: 537 September 20, 2018 2018-038-582 : DAVIS v. THE STATE OF NEW YORK, # 2018-038-582, Claim No. 131314, Motion No. M-92400, Cross-Motion No. CM-92480 M-92400
Defendant's motion to dismiss claim for lost property denied. The claim specifically recites the items lost by defendant, and requests damages in a specified amount. Court of Claims Act § 11 (b) does not require more, in particular, the claim need not allege the specific value of each piece of personal property.
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: 347 September 20, 2018 2018-038-112 : EASTWOOD v. THE STATE OF NEW YORK, # 2018-038-112, Claim No. 122300 
Defendant's motion to dismiss medical negligence claim at the conclusion of claimant's proof reserved upon at trial, granted thereafter. Proof offered by claimant on the issues of doctor's failure to exercise medical skill and judgment in performing the correct surgical procedure and in directing proper instructions following the surgery, that a nurse practitioner was negligent in discontinuing claimant's pain medication and should have removed his sutures sooner, that claimant should have been provided a wheelchair upon discharge from the infirmary, that defendant's agents were negligent in failing to transmit claimant's complete surgical history to the physical therapists and that physical therapists were negligent because they relied upon an incomplete surgical history are all issues that implicate matters not within the knowledge of a lay person thus requiring expert testimony, which claimant did not offer.
Score: 613 September 20, 2018 2018-038-114 : RODRIGUEZ v. STATE OF NEW YORK, # 2018-038-114, Claim No. 122547 
Claimant proved at trial that defendant is liable to him for lost property, which was valued after trial in the amount of $140.63.
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: 347 September 17, 2018 2018-015-161 : CRITTLETON v. THE STATE OF NEW YORK, # 2018-015-161, Claim No. NONE, Motion No. M-92369 M-92369
Pro se inmate's motion to file a late claim alleging wrongful confinement was denied as untimely.
Score: 347 September 17, 2018 2018-015-163 : JOHNSON v. THE STATE OF NEW YORK, # 2018-015-163, Claim No. 129653, Motion No. M-92405 M-92405
Defendant's dismissal motion was not served on the claimant at his most recent address and was therefore denied.
Score: 475 September 17, 2018 2018-053-550 : BURKE v. THE STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, # 2018-053-550, Claim No. 126794, Motion Nos. M-92305, M-92306 M-92305, M-92306
Defendants' motion to dismiss Labor Law 200 and common law negligence causes of action is granted, as well as claimant's Labor Law 241 (6) cause of action based upon a violation of 12 NYCRR 23-1.8, 23-1.15, 23-1.16, 23-1.17, 23-1.21, 23- 1.21 (b), 23-1.24 and upon OSHA regulations. Defendants' motion to dismiss Labor Law 241 (6) cause of action based upon 12 NYCRR 23-1.7 (b) (1) (i) and 23-1.7 (b) (1) (iii) (b) and (c) is denied.  Claimant's motion for partial summary judgment on Labor Law 240 (1) cause of action is denied as questions of fact exist.
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: 600 September 14, 2018 2018-029-084 : CRUZ v. THE STATE OF NEW YORK, # 2018-029-084, Claim No. 128602 
After a trial on liability for infant claimant's injuries sustained in a fall at the Franklin D. Roosevelt State Park pool, the court found defendant not liable for negligence and dismissed the claim.
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: 449 September 13, 2018 2018-029-088 : SPIRLES v. THE STATE OF NEW YORK, # 2018-029-088, Claim No. 128247 
After a video trial, the court found defendant liable for wrongfully confining pro se claimant at Bedford Hills Correctional Facility for six days past her modified release date. Claimant awarded enhanced damages of $30.00 per day.
Score: 537 September 13, 2018 2018-029-087 : SMART v. THE STATE OF NEW YORK, # 2018-029-087, Claim No. 128332 
Pro se claimant failed to present prima facie evidence at video trial that defendant breached its duty to provide a reasonably safe shower area at Bedford Hills Correctional Facility. The court found defendant not liable for negligence and dismissed the claim.
Score: 388 September 11, 2018 2018-038-111 : CASTILLO v. STATE OF NEW YORK, # 2018-038-111, Claim No. 122363 
Claimant proved his negligent bailment of his photographs at trial, but was awarded no damages because family photos do not have a fair market value.
Score: 420 September 11, 2018 2018-054-097 : BROWN v. THE STATE OF NEW YORK, # 2018-054-097, Claim No. 125765 
Inmate claimant burned hand when removing asbestos from pipes. No negligence on part of defendant, no proof the State breached any duty.
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: 420 September 10, 2018 2018-018-959 : HALES v. STATE OF NEW YORK, # 2018-018-959, Claim No. 127891 
Claimant awarded $420 for excessive wrongful confinement.
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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 449 August 28, 2018 2018-038-110 : BENITEZ v. THE STATE OF NEW YORK, # 2018-038-110, Claim No. 121022 
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: 388 August 23, 2018 2018-038-579 : BALL v. THE STATE OF NEW YORK, # 2018-038-579, Claim No. 131368, Motion No. M-92358 M-92358
Defendant's pre-answer motion to dismiss wrongful confinement claim granted. Claim was filed and served more that 90 days after its accrual.
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: 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: 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.