New York State Court of Claims

New York State Court of Claims

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Score: 347 August 28, 2019 2019-015-186 : ANAND v. THE STATE OF NEW YORK, # 2019-015-186, Claim No. 129898, 129899, Motion No. M-94400 M-94400
Pro se claimant's motion for the issuance of subpoenas to compel the attendance of witnesses and documents at trial was denied as the defendant agreed to produce the witness and materials that claimant demonstrated were material and necessary to the prosecution of his claim. Subpoenas were therefore unnecessary.
Score: 613 August 7, 2019 2019-015-177 : MYERS v. THE STATE OF NEW YORK, # 2019-015-177, Claim No. 121690, Motion No. M-94091 M-94091
Claim alleging multiple sexual assaults during a one-month period was sufficiently specific to meet the requirements of Court of Claims Act § 11 (b).
Score: 388 August 2, 2019 2019-038-575 : ANDERSON v. STATE OF NEW YORK, # 2019-038-575, Claim No. 130874, Motion No. M-93751 M-93751
Defendant's motion to dismiss granted for improper manner of service (first class mail) and failure to state a cause of action.
Score: 585 August 1, 2019 2019-038-107 : LOBBAN v. THE STATE OF NEW YORK, # 2019-038-107, Claim No. 124682 
Score: 555 July 29, 2019 2019-040-060 : FLEMING v. THE STATE OF NEW YORK, # 2019-040-060, Claim No. 132468, Motion No. M-93896 M-93896
State's Motion to Dismiss for failure to exhaust administrative remedies prior to serving and filing the Claim denied as administrative claim was filed seven months before Claim was filed and was not decided at the time Claim was filed.
Score: 722 July 29, 2019 2019-053-529 : LEWIS v. STATE OF NEW YORK, # 2019-053-529, Claim No. 128361, Motion No. M-93763 M-93763
The pro se claimant's motion to dismiss numerous affirmative defenses in the defendant's answer and for permission to late file and serve a claim are all denied.
Score: 475 July 29, 2019 2019-038-106 : DAWES v. THE STATE OF NEW YORK, # 2019-038-106, Claim No. 124671 
Score: 518 July 26, 2019 2019-053-526 : DOLEMAN v. THE STATE OF NEW YORK, # 2019-053-526, Claim No. 132430, Motion No. M-93605 M-93605
The State's motion to dismiss the claim is granted. The claim was jurisdictionally defective as the notice of intention and claim were not timely served and the claim was improperly served by regular mail.
Score: 475 July 25, 2019 2019-040-059 : BATISTA-REYES v. THE STATE OF NEW YORK, # 2019-040-059, Claim No. 132544, Motion No. M-93989 M-93989
OSC to have Court so order subpoenas duces tecum directed to Albany County and Rensselaer County District Attorneys granted.
Score: 449 July 24, 2019 2019-038-572 : LEBRON v. DEPT. OF CORRECTIONS UPSTATE/NYS GREENHAVEN CORR. FACILITY OFFICERS, # 2019-038-572, Claim No. 124649, Motion Nos. M-93812, M-93940, M-94001 M-93812, M-93940, M-94001
Defendant's motion to dismiss on jurisdictional grounds granted. Claimant's motion to appoint counsel and motion to compel discovery denied as moot.
Score: 600 July 24, 2019 2019-045-016 : N.R. v. THE STATE OF NEW YORK, # 2019-045-016, Claim No. None, Motion No. M-93475 M-93475
Claimant's motion for late claim relief. Claimant assaulted by another patient at SUNY Stony Brook CPEP. Negligence claim.
Score: 149 July 23, 2019 2019-038-571 : YOUNG v. THE STATE OF NEW YORK, # 2019-038-571, Claim No. 131439, Motion No. M-94118 M-94118
Claimant's motion for summary judgment denied. Claimant failed to include the claim or any pleadings in support of his motion, which is a requirement of CPLR 3212 [b].
Score: 347 July 23, 2019 2019-015-175 : SCOTT v. STATE OF NEW YORK, # 2019-015-175, Claim No. 129709, Motion No. M-94155 M-94155
Claimant's motion to weigh the evidence and for the assignment of counsel was denied.
Score: 570 July 23, 2019 2019-041-047 : RODGERS v. THE STATE OF NEW YORK, # 2019-041-047, Claim No. 131757, Motion No. M-94051 M-94051
Defendant's motion to dismiss wrongful confinement claim as untimely pursuant to Court of Claims Act section 10 because notice of intention to file claim failed to comply with pleading requirements of Court of Claims Act 11 (b), and thus failed to extend time to serve claim, is denied.
Score: 518 July 19, 2019 2019-015-170 : CASTELANO v. THE STATE OF NEW YORK, # 2019-015-170, Claim No. 128668, Motion No. M-94153 M-94153
Defendant's motion to dismiss the claim was granted as the claim was served 93 days after the claim accrued.
Score: 787 July 19, 2019 2019-054-038 : MILLER v. THE STATE OF NEW YORK, # 2019-054-038, Claim No. 131502, Motion Nos. M-93825, M-93826 M-93825, M-93826
Incorrect date of accrual is a jurisdictional defect which cannot be cured by an amendment; issues raised in reply are permitted where adversary was afforded an opportunity to respond in surreply; untimely amendment of a pleading is a nullity; defendant is not obligated to ferret at or assemble into which claimant is obligated to allege; late claim application denied, no appearance of merit; timely application to treat Notice of Intention to File a Claim as a claim is granted pursuant to Court of Claims Act 10 (8) (a).
Score: 236 July 19, 2019 2019-015-174 : TERRENCE v. THE STATE OF NEW YORK, # 2019-015-174, Claim No. 123924, Motion No. M-94125 M-94125
Claimant's motion to renew a trial decision and for the assignment of counsel was denied. A motion to renew is not the proper procedural vehicle to seek vacatur of a trial decision and, in any event, the motion lacked merit.
Score: 518 July 19, 2019 2019-015-173 : SOTO v. THE STATE OF NEW YORK, # 2019-015-173, Claim No. 127876, Motion No. M-94154 M-94154
Defendant's dismissal motion was granted inasmuch as claimant failed to serve his claim within the time provided in the court order granting late claim relief and beyond the statute of limitations set forth in CPLR article 2.
Score: 475 July 19, 2019 2015-015-172 : MARTINEZ v. STATE OF NEW YORK, # 2015-015-172, Claim No. 133123, Motion No. M-94192 M-94192
Score: 498 July 19, 2019 2019-038-569 : BERRIAN v. NEW YORK STATE DEPARTMENT OF CORRECTIONS & COMMUNITY SUPERVISION, # 2019-038-569, Claim No. 133108, Motion No. M-94105 M-94105
Defendant's pre-answer motion to dismiss claim granted in part and denied in part. That portion of the motion seeking to dismiss the false arrest and imprisonment cause of action as untimely granted. That portion of the motion seeking to dismiss the cause of action for violation of claimant's civil rights under 42 USC § 1983 granted. Motion denied in all other respects inasmuch as it failed to address the remaining causes of action alleged in the claim.
Score: 570 July 19, 2019 2019-041-046 : WHITE v. THE STATE OF NEW YORK, # 2019-041-046, Claim No. 132736, Motion Nos. M-93770, M-93902 M-93770, M-93902
Claimant's motion for grant of poor person status and for assignment of counsel without fee is denied where application was not served on appropriate county attorney and where claim is not proper case for assignment of counsel; defendant's motion to dismiss claim is granted where claimant failed to timely serve his claim.
Score: 648 July 18, 2019 2019-038-565 : CGI v. THE STATE OF NEW YORK, # 2019-038-565, Claim No. 132590, Motion No. M-93979 M-93979
Score: 420 July 18, 2019 2019-038-567 : LEWIS v. STATE OF NEW YORK, # 2019-038-567, Claim No. 132865, Motion No. M-93952 M-93952
Defendant's pre-answer motion to dismiss wrongful confinement claim granted. Claim was served more than 90 days after its accrual.
Score: 600 July 17, 2019 2019-015-168 : THOMAS v. STATE OF NEW YORK, # 2019-015-168, Claim No. 128421, Motion No. M-94152 M-94152
Defendant's motion to dismiss claim alleging an improper sentence computation by the Department of Corrections and Community Supervision was granted on the ground this Court lacks jurisdiction to review administrative determinations such as this.
Score: 498 July 17, 2019 2019-054-050 : HALE v. SUPT. BRANDON SMITH GREENE CORR. FAC., # 2019-054-050, Claim No. 133051, Motion No. M-94159 M-94159
Pro se's claim dismissed due to service by regular mail.
Score: 600 July 17, 2019 2019-054-052 : ZAPATA v. THE STATE OF NEW YORK, # 2019-054-052, Claim No. 129983, Motion No. M-94101 M-94101
Bailment claim dismissed due to failure to specify missing items in claim.
Score: 537 July 16, 2019 2019-018-041 : TEASLEY v. STATE OF NEW YORK, # 2019-018-041, Claim No. NONE, Motion No. M-93455 M-93455
Movant's application to file a late claim is denied.
Score: 347 July 16, 2019 2019-041-044 : JENKINS v. THE STATE OF NEW YORK, # 2019-041-044, Claim No. 122953, Motion No. M-94093 M-94093
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: 704 July 15, 2019 2019-032-043 : WEBB v. THE STATE OF NEW YORK, # 2019-032-043, Claim No. 127630, Motion No. M-93070 M-93070
Defendant's motion for summary judgment is denied. The Court rejects the parties' arguments as to governmental immunity and finds that the actions of SUNY Albany's Office of Residential Life employees were proprietary in nature. Issues of fact remain precluding summary judgment.
Score: 299 July 15, 2019 2019-040-058 : STALLONE v. THE STATE OF NEW YORK, # 2019-040-058, Claim No. 120811, Motion No. M-94102 M-94102
Pro se Claimant's discovery motion denied as moot as Defendant responded to a discovery request.
Score: 555 July 15, 2019 2019-040-057 : POUGH v. THE STATE OF NEW YORK, # 2019-040-057, Claim No. 130038, Motion No. M-93821 M-93821
Defendant's Motion to dismiss for failure to prosecute denied as Defendant did not comply with CPLR 3126.
Score: 555 July 15, 2019 2019-018-040 : CASIANO v. STATE OF NEW YORK, # 2019-018-040, Claim No. 127522, Motion No. M-93703 M-93703
Claim dismissed for failure to serve Attorney General.
Score: 347 July 12, 2019 2019-041-042 : MUHAMMAD v. THE STATE OF NEW YORK, # 2019-041-042, Claim No. 128505, Motion No. M-93866 M-93866
Defendant's motion to dismiss automobile accident personal injury claim for failure to state a cause of action and for lack of subject matter jurisdiction is granted where claim fails to allege that claimant suffered a serious injury as defined in the Insurance Law.
Score: 670 July 12, 2019 2019-041-043 : WHITE v. THE STATE OF NEW YORK, # 2019-041-043, Claim No. 131048, Motion No. M-93773, Cross-Motion No. CM-93878 M-93773
Claimant's motion to reargue or renew his prior summary judgment motion is denied; defendant's cross-motion to dismiss the claim is granted in part and denied in part as follows: Defendant's request to dismiss the claim's wrongful confinement cause of action as untimely is denied where cause of action is arguably based on negligent, rather than intentional, conduct; the claim's 2-22-16 personal property cause of action was administratively withdrawn by claimant and is dismissed; the claim's 3-19-16 personal property cause of action alleging wrongful confinement is dismissed; defendant's request to dismiss the claimant's three 12-7-17 inmate personal property causes of action is denied where proof is insufficient to show causes of action were either administratively resolved or to show that claimant failed to exhaust his administrative remedies.
Score: 670 July 12, 2019 2019-029-047 : FULLER v. THE STATE OF NEW YORK, # 2019-029-047, Claim No. 119476 
The claim alleged that two nurses at Upstate University Hospital negligently lifted the deceased after his heart bypass surgery in 2009, causing the wire closing his sternum to break. The claim by the deceased's surviving spouse sought damages for injuries resulting from the nurses' alleged negligence, and not for the patient's death in 2013. After a trial on liability (Midey, J.), the court (Mignano, J.) found the State not liable and dismissed the claim.
Score: 518 July 12, 2019 2015-015-167 : CROUCH v. THE STATE OF NEW YORK, # 2015-015-167, Claim No. 129004, Motion No. M-94106 M-94106
Claim alleging the failure to provide treatment was dismissed as untimely since the continuing treatment doctrine did not apply.
Score: 744 July 11, 2019 2019-053-012 : YORKE v. STATE OF NEW YORK, # 2019-053-012, Claim No. 126189 
Following a trial on the issue of damages, the Court determined that claimant suffered a complete tear of the rotator cuff as a direct result of the 2015 motor vehicle accident and that the treating surgeon's testimony established that claimant sustained a serious injury within the meaning of Insurance Law 5102 (d). The Court awarded claimant $300,000, consisting of $150,000 for past pain and suffering and $150,000 for future pain and suffering.
Score: 626 July 10, 2019 2019-040-055 : FUENTES v. STATE OF NEW YORK, # 2019-040-055, Claim No. 130850, Motion No. M-93888 M-93888
Claimant's Motion for Reargument denied.
Score: 498 July 10, 2019 2019-040-054 : MELTON v. THE STATE OF NEW YORK, # 2019-040-054, Claim No. 132067, Motion No. M-93725 M-93725
Court OSC vacated. Claim was served upon Defendant.
Score: 347 July 9, 2019 2019-041-503 : JONES v. THE STATE OF NEW YORK, # 2019-041-503, Claim No. 123345 
Inmate claim alleging assault by multiple correction officers is dismissed after trial where claimant's testimony alleging a coordinated, premeditated, unprovoked, retaliatory, and targeted assault involving a vicious, several-minute session of punching, kicking and stomping lacked credibility in view of claimant's injuries and prior inconsistent descriptions of the assault and in view of credible contradictory testimony and documentary evidence offered by defendant.
Score: 475 July 9, 2019 2019-054-049 : CIFUNI v. THE STATE OF NEW YORK, NEW YORK STATE DEPARTMENT OF TRANSPORTATION AND NEW YORK STATE THRUWAY AUTHORITY, # 2019-054-049, Claim No. 129241, Motion No. M-93830 M-93830
Untimely summary judgment motion denied, no showing of good cause for delay.
Score: 388 July 9, 2019 2019-054-051 : HARPER v. THE STATE OF NEW YORK, # 2019-054-051, Claim No. 127419 
Bench trial, inmate slip and fall, claimant's testimony alone did not establish defendant's liability for claimant's accident.
Score: 585 July 8, 2019 2019-018-038 : LA GRAY v. STATE OF NEW YORK, # 2019-018-038, Claim No. NONE, Motion No. M-93391 M-93391
Late claim application denied.
Score: 498 July 8, 2019 2019-045-019 : STEELE v. THE STATE OF NEW YORK, # 2019-045-019, Claim No. 132341, Motion No. M-93328 M-93328
Defendant's motion to dismiss claim due to service by regular mail.
Score: 613 July 8, 2019 2019-018-036 : LOWMAN v. STATE OF NEW YORK, # 2019-018-036, Claim No. NONE, Motion No. M-93675 M-93675
Late claim application is granted.
Score: 388 July 8, 2019 2019-015-166 : HASSAN v. THE STATE OF NEW YORK, # 2019-015-166, Claim No. NONE, Motion No. M-94040 M-94040
Application to file late claim was denied as neither a proposed claim nor an affidavit containing the essential facts of the claim were submitted in support of the motion.
Score: 236 July 8, 2019 2019-015-163 : FOX v. THE STATE OF NEW YORK, # 2019-015-163, Claim No. 126746 
Pro se inmate failed to establish at trial that the use of chemical agents to extract him from his cell was excessive or the manner in which he was transported to the mental health unit was negligent.
Score: 347 July 5, 2019 2019-015-164 : MITCHELL v. THE STATE OF NEW YORK, # 2019-015-164, Claim No. 125954, Motion No. M-94103 M-94103
Claimant, a pro se inmate in the custody of the Department of Corrections and Community Supervision, failed to establish at trial that the denial of his request for hormone replacement therapy was a deviation from the applicable standard of care.
Score: 498 July 5, 2019 2019-015-152 : CAIMITE v. STATE OF NEW YORK, # 2019-015-152, Claim No. 127679, Motion No. M-94025 M-94025
Pro se prisoner's bailment claim was dismissed for failing to exhaust administrative remedies.
Score: 498 July 3, 2019 2019-040-053 : PEREZ v. THE STATE OF NEW YORK, # 2019-040-053, Claim No. 131486, Motion No. M-93376 M-93376
Court's OSC re: service. No proof that Claim was served upon Defendant. Claim dismissed.