New York State Court of Claims |
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Your query court returned 50 results.
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August 14, 2017 | 2017-041-509 : SABUNCU v. THE STATE OF NEW YORK, # 2017-041-509, Claim No. 123615 Claim alleging that defendant failed to timely respond to an inmate-on-inmate assault is dismissed after trial where claimant failed to prove by a preponderance of the credible evidence that defendant responded to the assault in a negligently delayed manner. |
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July 25, 2017 | 2017-041-052 : ROBINSON v. THE STATE OF NEW YORK, # 2017-041-052, Claim No. 128325, Motion No. M-90332 M-90332 Defendant's motion to dismiss the claim and amended claim is granted where claim failed to comply with the pleading requirements of CPLR 3014 and where claimant failed to timely file and serve amended claim as directed by Court's prior Decision and Order. |
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July 24, 2017 | 2017-041-051 : HENRY v. THE STATE OF NEW YORK, # 2017-041-051, Claim No. 120014, Motion No. M-90396 M-90396 Claim alleging that defendant denied the inmate/claimant |
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July 20, 2017 | 2017-053-538 : SPARKS v. THE STATE OF NEW YORK, # 2017-053-538, Claim No. 124904, Motion No. M-90494 M-90494 Claimant's motion seeking permission to amend the notice of intention and claim to assert an additional cause of action or in the alternative, seeking leave to late file a claim is denied. |
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July 19, 2017 | 2017-040-091 : MALIK, ROGERS v. THE STATE OF NEW YORK, # 2017-040-091, Claim No. 124841 Claim dismissed based upon Claimant's failure to appear at Trial. |
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July 19, 2017 | 2017-041-049 : ELIAS v. THE STATE OF NEW YORK, # 2017-041-049, Claim No. 121759, Motion No. M-90406 M-90406 Motion to dismiss claim alleging assault and medical malpractice is granted where assault cause of action was not served within time period set forth in Court of Claims Act 10 (3-b) and where medical malpractice cause of action fails to comply with pleading requirements of Court of Claims Act 11 (b). |
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July 14, 2017 | 2017-040-089 : TORRES v. THE STATE OF NEW YORK, # 2017-040-089, Claim No. 127500, Motion No. M-90288 M-90288 Motion to Amend Claim denied as Claimant failed to comply with CPLR 3025(b). |
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July 14, 2017 | 2017-040-088 : CARGILL v. THE STATE OF NEW YORK, # 2017-040-088, Claim No. 129337, Motion No. M-90352 M-90352 Pro se Claimant's Motion to strike State's Answer and for summary judgment denied. |
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July 11, 2017 | 2017-015-250 : ROMANO v. THE STATE OF NEW YORK, # 2017-015-250, Claim No. 123742, Motion No. M-90603 M-90603 Claim was dismissed for failure to serve the claim on the Office of the Attorney General. |
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July 10, 2017 | 2017-041-048 : MICHEL v. THE STATE OF NEW YORK, # 2017-041-048, Claim No. NONE, Motion No. M-90240 M-90240 Application to file late claim is granted in part and denied in part as allegations provide cause to believe a valid cause of action for wrongful confinement may exist. |
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July 10, 2017 | 2017-040-087 : BALLARD v. THE STATE OF NEW YORK, # 2017-040-087, Claim No. NONE, Motion No. M-90257 M-90257 Pro se Movant's Motion for permission to file a late Claim pursuant to CCA § 10(6) denied as no proposed Claim accompanied motion papers as required. |
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July 7, 2017 | 2017-040-084 : OLDHAM v. STATE OF NEW YORK, # 2017-040-084, Claim No. 125034, Motion No. M-90389 M-90389 Pro se Claimant's Motion for a trial preference and poor person status denied. |
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July 7, 2017 | 2017-040-082 : GREENE v. THE STATE OF NEW YORK, # 2017-040-082, Claim No. NONE, Motion No. M-90369 M-90369 Pro se Movant's Court o Claims Act § 10(6) Motion for permission to serve and file a late Claim denied without prejudice. |
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July 7, 2017 | 2017-045-027 : DAVIS v. THE STATE OF NEW YORK, # 2017-045-027, Claim No. 126518, Motion No. M-89398 M-89398 Claimant's motion for an order striking defendant's second demand for document production. |
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July 7, 2017 | 2017-038-550 : McRAE v. THE STATE OF NEW YORK, # 2017-038-550, Claim No. 129483, Motion No. M-90242 M-90242 Defendant's motion to dismiss complaint arising from cell search and confiscation of property is granted. Claim did not state the correctional facility or the cell where it accrued, and was thus jurisdictionally defective per Court of Claims Act § 11 (b). |
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July 7, 2017 | 2017-040-085 : MATTESON v. THE STATE OF NEW YORK, # 2017-040-085, Claim No. NONE, Motion No. M-90260 M-90260 Pro se Movant's Motion for permission to serve and file a Claim late pursuant to CCA § 10(6) denied. Proposed Claim lacks merit as Claim arose at Clinton County Jail, over which this Court has no jurisdiction. |
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July 7, 2017 | 2017-053-537 : KRULL v. STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2017-053-537, Claim No. 123747, Motion No. M-89714 M-89714 Motion for summary judgment by defendant is granted in that they established that the snowplow involved in the incident was a hazard vehicle engaged in work pursuant to Vehicle and Traffic Law § 1103 (b) and the actions of the snowplow operator did not rise to the level of reckless disregard. |
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July 7, 2017 | 2017-015-248 : GREEN v. THE STATE OF NEW YORK, # 2017-015-248, Claim No. 127056, Motion No. M-90382 M-90382 Claimant's motion to settle the record on appeal was denied because he failed to submit a copy of the proposed record on appeal. |
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July 7, 2017 | 2017-015-247 : BYRD v. THE STATE OF NEW YORK, # 2017-015-247, Claim No. 123243, Motion No. M-90585 M-90585 Claimant's motion for summary judgment and the issuance of trial subpoenas relating to the upcoming trial of his bailment claim was denied. |
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July 7, 2017 | 2017-040-086 : FRAISER v. THE STATE OF NEW YORK, # 2017-040-086, Claim No. 129388, Motion No. M-90509 M-90509 Pro se Claimant's Motion for poor person status and assignment of counsel denied. |
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July 7, 2017 | 2017-038-549 : MARTIRANO v. THE STATE OF NEW YORK, # 2017-038-549, Claim No. 124393, Motion No. M-89622 M-89622 Defendant's motion for summary judgment dismissing claim containing causes of action pursuant to Labor Law § 200 (1) and Labor Law § 241 (6) granted. Defendant demonstrated its lack of authority to supervise or control the injury-producing work, and that there was not a violation of a provision of the Industrial Code or that any such violation was a proximate cause of claimant's injury, and claimant did not raise a triable issue of material fact in opposition to the motion. |
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July 7, 2017 | 2017-040-083 : JOHNS v. THE STATE OF NEW YORK, # 2017-040-083, Claim No. 127051, Motion No. M-90120, Cross-Motion No. CM-90290 M-90120 Claimant's Motion for Summary Judgment denied and State's Cross-Motion for Summary Judgment dismissing the Claim granted. |
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July 6, 2017 | 2017-045-026 : SMITH v. STATE OF NEW YORK, WESTCHESTER MEDICAL CENTER, # 2017-045-026, Claim No. 129182, Motion No. M-89958 M-89958 Defendant's motion to dismiss pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(2) and Court of Claims Act §§ 10 and 11 due to lack of subject matter jurisdiction. Allegations by inmate of improper medical treatment which occurred at outside hospital. |
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July 6, 2017 | 2017-040-081 : NORTON v. THE STATE OF NEW YORK, # 2017-040-081, Claim No. 124466, Motion No. M-90272 M-90272 State's Motion to Dismiss based upon Claimant's failure to properly serve the Claim granted. |
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July 6, 2017 | 2017-040-080 : GREEN v. THE STATE OF NEW YORK, # 2017-040-080, Claim No. 129291, Motion No. M-90188 M-90188 Pro se Claimant's Motion for Summary Judgment denied. |
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July 6, 2017 | 2017-040-079 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-079, Claim No. 129253, Motion No. M-90508 M-90508 Pro se Claimant's Motion seeking poor person status and assignment of counsel denied. |
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July 6, 2017 | 2017-040-077 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-077, Claim No. 129253, Motion No. M-90250 M-90250 Pro se Claimant's |
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July 6, 2017 | 2017-040-076 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-076, Claim No. 129253, Motion No. M-90154 M-90154 Pro se Claimant's Motion to Amend Claim denied. |
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July 6, 2017 | 2017-040-078 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-078, Claim No. 129253, Motion No. M-90251 M-90251 Pro se Claimant's request for interrogatories denied. |
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June 30, 2017 | 2017-041-508 : STRAIN v. THE STATE OF NEW YORK, # 2017-041-508, Claim No. 127535 Wrongful confinement claim is dismissed after trial where claimant failed to prove that the exclusion of potential witness testimony by the disciplinary hearing officer caused actual prejudice to claimant with respect to the hearing officer's determination. |
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June 30, 2017 | 2017-053-531 : GENTILE'S v. COMMISSIONER OF THE STATE INSURANCE FUND, # 2017-053-531, Claim No. 126551-A, Motion No. M-89063, Cross-Motion No. CM-89586 M-89063 The Supreme Court has ordered that the counterclaims against the State Insurance Fund (SIF) seeking monetary damages be transferred to the Court of Claims without prejudice to assert any jurisdictional objections. SIF's motion to dismiss for lack of jurisdiction is granted as claimant failed to serve the claim upon the Office of the Attorney General. Claimant's cross-motion seeking permission to file a late claim is also granted, with the exception that no claim for punitive damages may be included. |
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June 29, 2017 | 2017-015-244 : HANESWORTH v. THE STATE OF NEW YORK, # 2017-015-244, Claim No. 124474, Motion No. M-90510 M-90510 Claimant's motion to compel discovery was denied. |
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June 29, 2017 | 2017-041-046 : CRUZ v. THE STATE OF NEW YORK, # 2017-041-046, Claim No. 125109, Motion No. M-89789 M-89789 Claimant's motion for order compelling discovery, including discovery of defendant's Inspector General Report, is granted as to non-privileged items requested and denied as to Inspector General Report where information in the report relevant to the claim is available to claimant from non-privileged sources. |
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June 29, 2017 | 2017-015-246 : HICKS v. THE STATE OF NEW YORK, # 2017-015-246, Claim No. 127485, Motion No. M-90536 M-90536 Motion to strike the note of issue was denied as moot where the note of issue had been rejected for filing by the Clerk. |
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June 28, 2017 | 2017-038-547 : SMITH v. THE STATE OF NEW YORK, # 2017-038-547, Claim No. 120561, Motion No. M-89756 M-89756 Defendant's motion to renew granted and claim dismissed. Prior order denying motion to dismiss for failure to serve the Attorney General was based upon indicia that the claim had been so served. In support of the motion to renew, defendant demonstrated that it was unknown to defendant that the indicia of service existed and had been filed, and explained why that indicia of service was not credible. Thus, defendant demonstrated new facts that would change the prior determination and a justification for not presenting that fact on the prior motion. Defendant's motion to reargue was denied because defendant's instant motion did not demonstrate that the Court misapprehended any fact that was presented on the prior motion. |
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June 27, 2017 | 2017-040-075 : MONTEGARI v. THE STATE OF NEW YORK, # 2017-040-075, Claim No. 127396, Motion No. M-89682 M-89682 State's Motion to Dismiss Claim as untimely served as required by CCA §§ 10 & 11(a)(i) granted. |
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June 27, 2017 | 2017-053-532 : TRIGOBOFF v. THE STATE OF NEW YORK, # 2017-053-532, Claim No. 125861, Motion No. M-88894 M-88894 The State's motion for summary judgment is granted in that the State did not own the court facility where the accident occurred and the State had no duty to secure the metal base of the row seats upon which claimant tripped under Judiciary Law § 39-b (1) (b) or 22 NYCRR § 34.2 (b) (3). |
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June 26, 2017 | 2017-041-507 : PATEL v. THE STATE OF NEW YORK, # 2017-041-507, Claim No. 121316-A Claim alleging that defendant New York State Deferred Compensation Fund caused monetary damages to claimant by negligently failing to timely approve claimant's revocation of power of attorney previously granted to wife is dismissed after trial where claimant failed to prove that his purported damages were proximately caused by defendant's acts or omissions. |
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June 26, 2017 | 2017-045-024 : CARAWAY v. THE STATE OF NEW YORK, # 2017-045-024, Claim No. 127688, Motion No. M-90024 M-90024 Claimant's motion for summary judgment. Claimant, a pro se inmate, failed to put forth sufficient evidence to meet prima facie burden. |
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June 26, 2017 | 2017-045-025 : SMITH v. THE STATE OF NEW YORK, # 2017-045-025, Claim No. 129183, Motion No. M-89912 M-89912 Defendant's motion to dismiss pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(7) and Court of Claims Act § 11 due to failure to state a cause of action. |
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June 26, 2017 | 2017-053-528 : BELLO v. THE STATE OF NEW YORK, # 2017-053-528, Claim No. 127722, Motion No. M-88577 M-88577 The State's pre-answer motion to dismiss the claim pursuant to CPLR 3211 and Court of Claims § 10 is denied as factual issues exist as to whether the State had a duty to maintain the promenade within Hudson River Park where claimant's accident occurred. |
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June 26, 2017 | 2017-040-074 : SHAFFER v. THE STATE OF NEW YORK, # 2017-040-074, Claim No. 122096 Court finds that Claimant failed to establish by a preponderance of the credible evidence that Defendant: breached a covenant of Good Faith & Fair Dealing; was unjustly enriched; violated Claimant's Civil Rights; or defamed Claimant. |
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June 23, 2017 | 2017-015-243 : WILLIAMS v. STATE OF NEW YORK, # 2017-015-243, Claim No. 129480, Motion Nos. M-90432; M-90469; M-90505 M-90432; M-90469; M-90505 Although defendant waived its defense under Court of Claims Act § 10 (3-b) that the intentional tort claim was untimely filed, it did raise as a defense the statute of limitations set forth in CPLR 215 (3), which resulted in dismissal. |
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June 23, 2017 | 2017-045-023 : BLAKE v. THE STATE OF NEW YORK, # 2017-045-023, Claim No. 128734, Motion No. M-90159 M-90159 Defendant's motion to dismiss pro se inmate's claim due to service by regular mail. |
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June 23, 2017 | 2017-045-022 : FARMER v. THE STATE OF NEW YORK, # 2017-045-022, Claim No. 128948, Motion No. M-89855 M-89855 Defendant's motion to dismiss second hand smoke claim. |
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June 23, 2017 | 2017-015-244 : LAWRENCE v. THE STATE OF NEW YORK, # 2017-015-244, Claim No. NONE, Motion No. M-90529 M-90529 Movant's application for late claim relief was denied, with leave to renew, based upon defense counsel's assertion that it was not served with all of the motion papers. |
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June 23, 2017 | 2017-040-073 : ROBINSON v. THE STATE OF NEW YORK, # 2017-040-073, Claim No. 122413 Bailment Claim of Pro Se Prisoner established at Trial. Award $116. |
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June 22, 2017 | 2017-040-071 : KOLLAR v. THE STATE OF NEW YORK, # 2017-040-071, Claim No. 121826 Wrongful confinement. Post-hearing confinement award $625. |
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June 22, 2017 | 2017-040-070 : GIBBONS v. STATE OF NEW YORK, # 2017-040-070, Claim No. 121120 Following Trial, Court finds Claimant failed to establish by a preponderance of the credible evidence that his condition should have been diagnosed sooner, but did establish that the State failed to provide him with prescribed medications. Award $150. |
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June 22, 2017 | 2017-040-072 : LEE v. THE STATE OF NEW YORK, # 2017-040-072, Claim No. 122191 Following Trial, Claim for wrongful confinement dismissed. |