New York State Court of Claims |
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Your query court returned 50 results.
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May 3, 2021 | 2021-038-527 : STERLING INSURANCE v. THE STATE OF NEW YORK, # 2021-038-527, Claim No. 134871, Motion No. M-96515 M-96515 Order to Show Cause with respect to lack of service on the Attorney General vacated. Defendant conceded that the claim was served. |
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May 3, 2021 | 2021-038-525 : JACOBS v. STATE OF NEW YORK, # 2021-038-525, Claim No. 132358, Motion No. M-96494 M-96494 Defendant's unopposed motion for a protective order granted on the grounds that disclosure of the subject documents would likely compromise the safety and security of the correctional facility and were irrelevant. |
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May 3, 2021 | 2021-038-526 : CURRY v. THE STATE OF NEW YORK, # 2021-038-526, Claim No. 135487, Motion No. M-96509 M-96509 Claimant's motion for summary judgment denied, without prejudice to renewal, for failure to submit any of the pleadings in support of the motion. |
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April 29, 2021 | 2021-038-524 : JACKS v. THE STATE OF NEW YORK, # 2021-038-524, Claim No. 134345, Motion No. M-96482 M-96482 Claimant's motion to compel disclosure and for sanctions denied. Although defendant's failure to respond to the discovery demands was inexcusable, the information sought therein was more properly sought in a bill of particulars, and defendant's inaction, under these circumstances, did not rise to the level of sanctionable conduct. |
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April 29, 2021 | 2021-041-026 : VIDAL v. THE STATE OF NEW YORK, # 2021-041-026, Claim No. 134856, Motion No. M-96596 M-96596 Claimant's motion for summary judgment in wrongful confinement action based upon disciplinary determination which was reversed in Article 78 proceeding is denied where claimant fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's violation of disciplinary hearing regulations; issue of fact exists as to whether claimant suffered prejudice at the disciplinary hearing due to defendant's violation of disciplinary hearing regulation. |
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April 22, 2021 | 2021-041-025 : EAGAN v. THE STATE OF NEW YORK, # 2021-041-025, Claim No. 135962, Motion No. M-96595 M-96595 Claim alleging medical malpractice is dismissed for lack of subject matter jurisdiction where claimant's medical/surgical treatment was performed by privately employed surgeon and employees at private hospital. |
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April 20, 2021 | 2021-040-016 : POLANCO v. THE STATE OF NEW YORK, # 2021-040-016, Claim No. NONE, Motion No. M-96507 M-96507 Pro se Movant's Motion to serve and file a Claim late denied based upon lack of appearance of merit. |
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April 19, 2021 | 2021-038-521 : KNIGHT v. THE STATE OF NEW YORK, # 2021-038-521, Claim No. None, Motion No. M-96454 M-96454 Motion for late claim relief granted in part. Allegations that claimant was subjected to excessive force had the appearance of merit. Request for poor person relief and assignment of counsel denied without prejudice to move for such relief after filing and service of proposed claim. |
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April 19, 2021 | 2021-038-522 : P.T. v. THE STATE OF NEW YORK, # 2021-038-522, Claim No. 129992, Motion No. M-96535 M-96535 Defendant's motion to amend its answer granted. Proposed amendment did not plainly lack merit, and claimant consented to the filing and service of the proposed amended answer. |
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April 16, 2021 | 2021-053-518 : DIXON v. THE STATE OF NEW YORK, # 2021-053-518, Claim No. 135327, Motion No. M-96236 M-96236 The State's motion to dismiss this Section 8-b claim is granted. The claimant did not establish that the accusatory instrument was dismissed in that one felony conviction remained. In addition, claimant failed to demonstrate that he would be able to succeed with clear and convincing evidence that he did not commit any of the acts charged in the accusatory instrument. |
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April 14, 2021 | 2021-015-039 : CAGGIANO v. THE STATE OF NEW YORK, # 2021-015-039, Claim No. 131736, Motion No. M-96443 M-96443 Claim alleging wrongful confinement was dismissed as untimely. |
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April 13, 2021 | 2021-015-041 : HERBERT v. STATE OF NEW YORK, # 2021-015-041, Claim No. 132355, Motion No. M-96451 M-96451 Claim was dismissed for improper service. |
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April 13, 2021 | 2021-015-040 : ROGERS v. THE STATE OF NEW YORK, # 2021-015-040, Claim No. 132189, Motion No. M-96414 M-96414 Defendant's motion to obtain a copy of the claimant's expert's autopsy report was denied as an earlier autopsy was performed at the defendant's request, and the results were memorialized in a report. As a result, the defendant failed to show a substantial need for the claimant's expert's autopsy report . |
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April 13, 2021 | 2021-015-043 : RAMIREZ v. THE STATE OF NEW YORK, # 2021-015-043, Claim No. 131969, Motion No. M-96498 M-96498 Pro se claimant's motion to settle the record on appeal was granted. |
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April 8, 2021 | 2021-053-521 : v. ERIE COUNTY, # 2021-053-521, Claim No. 135158, Motion No. M-96334 M-96334 In response to the Order to Show Cause of the Court that the parties submit statements regarding the service of this pro se claim, the State established that the claim was never served on the Attorney General and the claim was dismissed. |
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April 8, 2021 | 2021-041-022 : WHITE v. THE STATE OF NEW YORK, # 2021-041-022, Claim No. NONE, Motion No. M-96530 M-96530 Claimant's application to file a late inmate property claim is denied because Court lacks statutory authority to grant such relief; application to file late claim regarding negligence and intentional tort causes of action is denied as moot where claimant has submitted sworn statements that he timely served a notice of intention to file a claim on the Attorney General. |
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April 7, 2021 | 2021-053-519 : MANZ v. THE PEOPLE OF THE STATE OF NY, STATE OF NY, HOLLY SLOMAN, DR. DAVID HEFFLER (MHU), JOLIE CURTIS, ASHLEY KRASKAN, WILLIAM COLLINS, DENNIS RANKIN, SHERRIF OFFICER, ULSTER COUNTY, TRUCY AKA TUEY, JUDGE MURPHY, UNDER THEIR OFFICIAL AND INDIVIDUAL CAPACITY., # 2021-053-519, Claim No. 134568, Motion No. M-96081 M-96081 The State's motion to dismiss this pro se claim on the basis that the Court lacks jurisdiction and that service of the claim was both improper and untimely is granted. |
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April 5, 2021 | 2021-040-013 : GARCIA v. THE STATE OF NEW YORK, # 2021-040-013, Claim No. NONE, Motion No. M-96429 M-96429 Pro se Movant's Motion for Permission to serve and file a Claim late granted. |
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April 5, 2021 | 2021-040-014 : TIRITILLI v. THE STATE OF NEW YORK, # 2021-040-014, Claim No. 134194, Motion No. M-96219 M-96219 Defendant's Motion for Summary Judgment dismissing pro se Claim, regarding drug testing at prison, for failure to state a cause of action granted. |
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April 5, 2021 | 2021-040-015 : WASHINGTON v. THE STATE OF NEW YORK, # 2021-040-015, Claim No. 133504, Motion No. M-96375 M-96375 Pro se Claimant's Motion for Summary Judgment denied as Claimant did not serve Motion on Defendant. |
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April 5, 2021 | 2021-041-021 : WALSH v. THE STATE OF NEW YORK, # 2021-041-021, Claim No. 131993, Motion No. M-96481 M-96481 Defendant's motion to dismiss claim for lack of subject matter jurisdiction in action alleging that defendant unreasonably revoked claimant/employee's revocable permit to occupy state-owned real property is granted. |
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April 2, 2021 | 2021-040-012 : RODRIGUEZ v. STATE OF NEW YORK, # 2021-040-012, Claim No. 135650, Motion Nos. M-96296, M-96339 M-96296, M-96339 State's Motion to Dismiss Claim on basis that the Court lacks jurisdiction as Notice of Intention was untimely served granted. Motion by Claimant to serve and file a Claim late denied based upon lack of appearance of merit. |
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April 1, 2021 | 2021-058-012 : HUNT v. STATE OF NEW YORK, # 2021-058-012, Claim No. 126672 Claim alleging negligent supervision/failure to protect a resident of an Individualized Residential Alternative (IRA) dismissed after trial; Claimant failed to establish by the preponderance of the credible evidence that resident's exit from a second-floor window was reasonably foreseeable; Claimant also did not establish by the preponderance of the credible evidence that the IRA failed to provide adequate staff/training for staff. |
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April 1, 2021 | 2021-053-511 : GRAHAM v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-511, Claim No. 135298, Motion No. M-96094, Cross-Motion No. CM-96298 M-96094 Roswell Park Cancer Institute's motion to dismiss the claim and verified complaint as to the personal injury claims is granted. Claimant's cross-motion seeking an order that the notice of claim was timely served applying the doctrine of equitable estoppel is denied; as is claimant's alternative relief seeking discovery as to whether Roswell Park intentionally impeded, impaired or interfered with governmental investigations regarding the actions of defendant's employee. |
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March 31, 2021 | 2021-053-515 : BRITTING v. STATE OF NEW YORK, # 2021-053-515, Claim No. 133249, Motion No. M-96181, Cross-Motion No. CM-96255 M-96181 Claimant's motion for partial summary judgment on the issue of liability under Labor Law 240 (1) is denied as questions of fact exist. The State's cross-motion for partial summary judgment dismissing the Labor Law 240 (1) is also denied due to the same issues of fact. |
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March 30, 2021 | 2021-054-005 : WILLIAMS v. THE STATE OF NEW YORK, # 2021-054-005, Claim No. 131571, Motion No. M-95350 M-95350 Protective order granted as to overly burdensome interrogatories |
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March 30, 2021 | 2021-053-514 : GOBBI v. THE STATE OF NEW YORK, # 2021-053-514, Claim No. 132518, Motion No. M-96098 M-96098 The State's motion for summary judgment is granted in this claim alleging negligence arising from a trip and fall incident in Niagara Falls State Park. The hole, located in a grassy area away from walkways, was not a dangerous condition and there was no actual or constructive notice of its existence. |
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March 30, 2021 | 2021-028-510 : CADORE v. THE STATE OF NEW YORK, # 2021-028-510, Claim No. 135656, Motion No. M-96399 M-96399 |
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March 29, 2021 | 2021-028-513 : FISHER v. THE STATE OF NEW YORK, # 2021-028-513, Claim No. 135760, Motion No. M-96364 M-96364 |
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March 29, 2021 | 2021-028-511 : SHOMO v. THE STATE OF NEW YORK, # 2021-028-511, Claim No. 131289, Motion No. M-96476 M-96476 |
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March 29, 2021 | 2021-058-011 : KOIS v. STATE OF NEW YORK, # 2021-058-011, Claim No. 127333, Motion No. M-96377 M-96377 Motion for summary judgment dismissing claims for wrongful death and conscious pain and suffering granted in part and denied in part. There are material issues of fact regarding the proximate cause of decedent's death and whether decedent endured conscious pain and suffering. However, Defendant is entitled to summary judgment dismissing so much of wrongful death cause of action as seeks pecuniary damages beyond funeral expenses. |
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March 24, 2021 | 2021-054-009 : THOMAS v. DR. CHOUDRY & DR. FULLERTON (WESTCHESTER MEDICAL CENTER), THE STATE OF NEW YORK, # 2021-054-009, Claim No. 133639, Motion No. M-96249 M-96249 Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim. |
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March 24, 2021 | 2021-054-010 : THOMAS v. ROBERT BENTIVEGNA, STATE OF NEW YORK, # 2021-054-010, Claim No. 133312, Motion No. M-96197 M-96197 Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim. |
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March 23, 2021 | 2021-041-020 : WILSON v. THE STATE OF NEW YORK, # 2021-041-020, Claim No. 132278, Motion No. M-96439 M-96439 Claimant's motion for an order precluding defendant from offering certain evidence at trial in claim alleging that claimant/pedestrian was negligently struck by defendant state police car is granted in part and denied in part: Defendant is precluded from offering evidence that claimant was involved in a prior pedestrian/vehicle accident where prior incident is not substantially similar to present claim and prejudicial effect of such evidence is outweighed by any probative value; next, defendant is not precluded from offering evidence as to the applicable speed limit at the accident location. |
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March 22, 2021 | 2021-038-519 : McGINNIS v. STATE OF NEW YORK NYS DOL, # 2021-038-519, Claim No. 135179, Motion Nos. M-96417, M-96421 M-96417, M-96421 Claimant's motions to reargue and to amend the claim denied. Claimant's motion to reargue Court's prior decision dismissing the claim on subject matter jurisdiction grounds failed to persuade the Court that it overlooked or misapprehended any matter of law or fact. Claimant's motion to amend dismissed claim denied as moot. |
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March 22, 2021 | 2021-054-008 : NUNEZ-PEREZ v. STATE OF NEW YORK, # 2021-054-008, Claim No. 134727, Motion No. M-96154 M-96154 Order to Show Cause dismissed for lack of jurisdiction. |
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March 18, 2021 | 2021-054-007 : THOMAS v. DR. BENTIVEGNA, DEP. BALDWIN, KATIE INTERFINO, DORA BARRIZO, # 2021-054-007, Claim No. 133640, Motion No. M-96191 M-96191 Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim. |
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March 18, 2021 | 2021-015-038 : LEE v. THE STATE OF NEW YORK, # 2021-015-038, Claim No. 129942, Motion No. M-96434 M-96434 Claimant's motion to settle a claim because of defendant's alleged destruction of evidence was denied. |
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March 18, 2021 | 2021-058-008 : J.B. v. STATE OF NEW YORK, # 2021-058-008, Claim No. 135895, Motion No. M-96516 M-96516 Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously. |
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March 18, 2021 | 2021-038-517 : JACOBS v. STATE OF NEW YORK, # 2021-038-517, Claim No. 132358, Motion No. M-96238 M-96238 In a claim alleging inmate-on-inmate assault, claimant's motion to compel production of an alleged assailant's disciplinary history granted in part. Claimant was entitled only to discovery of the alleged assailant's disciplinary history showing discipline for prior assaultive acts. |
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March 18, 2021 | 2021-053-512 : BARNETT v. THE CITY UNIVERSITY OF NEW YORK, # 2021-053-512, Claim No. 132110, Motion Nos. M-95981 M-95983 M-95981 M-95983 The State's motion for summary judgment in a claim for personal injuries arising from an assault and battery by an unnamed assailant on the campus of the CUNY College of Staten Island is granted. Claimant's motion to amend the claim to add an additional cause of action and for summary judgment is denied. |
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March 15, 2021 | 2021-053-002 : LITTLE v. STATE OF NEW YORK, # 2021-053-002, Claim No. 131167 Following a trial on the issue of liability only, the Court determined that claimant established that the State had constructive notice of the existence of a pothole and that it was a proximate cause of the accident and claimant's resulting injuries. Claimant's negligence determined to be the primary cause of the accident and liability was apportioned with 25% against the State and 75% against claimant. |
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March 12, 2021 | 2021-053-504 : GOEHRIG v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-504, Claim No. NONE, Motion No. M-95975 M-95975 Movant's motion for permission to serve a late notice of claim nunc pro tunc upon Roswell Park Cancer Institute is denied as to the personal injury claims and granted as to the wrongful death claim. The Governor's Executive Orders did not apply to extend the applicable statute of limitations; CPLR 214-c applies but the motion remains untimely for the personal injury claims; and the defense of equitable estoppel does not apply to these facts. |
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March 12, 2021 | 2021-028-509 : CAMPBELL v. THE STATE OF NEW YORK, # 2021-028-509, Claim No. 135359, Motion No. M-96090 M-96090 |
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March 11, 2021 | 2021-038-516 : PINE v. THE STATE OF NEW YORK, # 2021-038-516, Claim No. 132813, Motion Nos. M-96291, M-96373 M-96291, M-96373 Claimant's motion for a protective order denied. Claimant's responses to certain interrogatory questions rendered the motion moot with regard to those questions; claimant's conclusory assertions failed to persuade the Court to grant claimant's motion with regard to the remaining questions. Defendant's motion to compel responses to its document demands granted on default. Defendant demonstrated that it had served document demands and that claimant did not respond thereto. |
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March 9, 2021 | 2021-028-508 : STEGEMAN v. THE STATE OF NEW YORK, # 2021-028-508, Claim No. 134347, Motion No. M-96283 M-96283 Bailment claim is jurisdictionally defective as it does not comply with the pleading requirements of Court of Claims Act § 11(b). Claimant's attempt to cure defect with unauthorized amended claim was a nullity. Defendant's unopposed motion for dismissal of the claim is granted. |
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March 8, 2021 | 2021-038-515 : BROCKINGTON v. COMMISSIONER OF NYS - DOCCS, # 2021-038-515, Claim No. 135516, Motion No. M-96379 M-96379 Claim dismissed for lack of service on the Attorney General. |
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March 5, 2021 | 2021-053-502 : NELSON v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-502, Claim No. NONE, Motion No. M-95774 M-95774 Movant's motion for permission to serve a late notice of claim upon Roswell Park Cancer Institute is denied. Governor's Executive Orders did not apply to extend the applicable statute of limitations; the doctrine of equitable estoppel does not apply to these facts; CPLR 214-c applies to the claim but the motion remains untimely; and continuous treatment doctrine does not apply to these facts. |
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March 5, 2021 | 2021-015-036 : SANTIAGO v. STATE OF NEW YORK, # 2021-015-036, Claim No. 132357, Motion No. M-96383 M-96383 Claimant's motion for the imposition of discovery sanctions was denied as his discovery requests were over broad. |
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March 4, 2021 | 2021-015-035 : EL BEY v. STATE OF NEW YORK, # 2021-015-035, Claim No. 135211, Motion No. M-96277 M-96277 Claimant's motion for reargument was denied as this Court lacks jurisdiction to review determinations of the New York State Department of Taxation and Finance. |