New York State Court of Claims

New York State Court of Claims

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Score: 236 December 28, 2018 2018-015-188 : FRANCE v. THE STATE OF NEW YORK, # 2018-015-188, Claim No. 124991, Motion No. M-93024 M-93024
Pro se inmate's motion for summary judgment in medical malpractice case was denied.
Score: 498 December 27, 2018 2018-015-185 : LESLIE v. STATE OF NEW YORK, # 2018-015-185, Claim No. 125998, Motion No. M-92985 M-92985
Defendant's motion to dismiss the claim for lack of service was granted.
Score: 518 December 27, 2018 2018-015-187 : KARRIS v. STATE OF NEW YORK, # 2018-015-187, Claim No. 124997, Motion No. M-92986 M-92986
Defendant's motion to dismiss the claim for lack of service was granted.
Score: 498 December 6, 2018 2018-041-083 : OGLESBY v. THE STATE OF NEW YORK, # 2018-041-083, Claim No. 130896, Motion No. M-92937 M-92937
Claim is dismissed pursuant to Court of Claims Act § 15 and CPLR § 1021 for failure to make timely substitution upon claimant's death.
Score: 600 December 6, 2018 2018-053-566 : GERRISH v. STATE UNIVERSITY OF NEW YORK AT BUFFALO, # 2018-053-566, Claim No. 130931, Motion No. M-92703 M-92703
Claimant brought a claim alleging breach of an implied contract after being terminated from a SUNY Ph.D program. No answer to the claim was filed and the Court by Order to Show Cause ordered the parties to submit statements regarding the service of this claim. Claimant failed to respond to the Court's Order to Show Cause and as SUNY demonstrated that no claim was timely served upon the Attorney General, the claim is dismissed.
Score: 388 December 6, 2018 2018-054-117 : JENKINS v. THE STATE OF NEW YORK, # 2018-054-117, Claim No. 125217 
Claimant requested an adjournment and was denied. Claim dismissed for failure to prosecute.
Score: 449 December 6, 2018 2018-053-565 : FERGUSON v. STATE OF NEW YORK, # 2018-053-565, Claim No. 129854, Motion No. M-92747 M-92747
Claimant, a represented inmate, brought a claim for wrongful confinement. The State's motion for summary judgment dismissing the claim for lack of jurisdiction is granted and the claim is dismissed.
Score: 149 December 3, 2018 2018-018-982 : EDWARDS v. STATE OF NEW YORK, # 2018-018-982, Claim No. 128000 
Claimant failed to prove his claim pursuant to 7 NYCRR section 1700.8. Claim is dismissed.
Score: 537 December 3, 2018 2018-040-104 : QUINONES v. THE STATE OF NEW YORK, # 2018-040-104, Claim No. 129683, Motion No. M-92408, Cross-Motion No. CM-92625 M-92408
Both sides moved for summary judgment. Both motions denied.
Score: 722 November 30, 2018 2018-041-505 : MCFADDEN v. THE STATE OF NEW YORK, # 2018-041-505, Claim No. 113641 
Claim alleging that correction officers assaulted the inmate/claimant without provocation on three separate times in different locations on the same day is dismissed after trial where claimant's testimony lacked credibility; to find liability Court would be required to discount the credible trial testimony of the correction officers and conclude that the correction officers conspired to repeatedly assault claimant without cause and without provocation, and, in the aftermath of the assaults, conspired to separately fabricate contemporaneous detailed written accounts of the events. 
Score: 861 November 30, 2018 2018-051-503 : JOHNSON v. THE STATE OF NEW YORK, # 2018-051-503, Claim No. 118328, 118527, 118609 
Claimant was previously warned against filing frivolous claims, but failed to limit his litigation accordingly. Sanctions are awarded requiring the Court's permission before filing any new claims.
Score: 570 November 29, 2018 2018-041-081 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-041-081, Claim No. 129687, Motion No. M-92832 M-92832
Claimant's motion (M-92832) to reargue/renew defendant's prior dismissal motion (M-92240), which resulted in dismissal of claim for failure to serve claim by certified mail, return receipt requested, is denied; claimant's reargument/renewal motion is based upon the purported
Score: 637 November 29, 2018 2018-045-039 : CLARK v. THE STATE OF NEW YORK, # 2018-045-039, Claim No. 130843, Motion No. M-92458 M-92458
Defendant's motion to dismiss the claim as untimely.
Score: 637 November 28, 2018 2018-041-080 : FIGAT v. THE STATE OF NEW YORK, # 2018-041-080, Claim No. 131830, Motion No. M-92853 M-92853
Claim is dismissed where Court lacks jurisdiction over claim which fails to adequately state the nature of the claim, as required by Court of Claims Act § 11 (b), and the claim was untimely filed and served.
Score: 449 November 27, 2018 2018-041-079 : RUCANO v. THE STATE OF NEW YORK, # 2018-041-079, Claim No. 128599, Motion No. M-92729 M-92729
Claimant's motion for summary judgment on bailment claim is denied where claimant fails to prove, as a matter of law, that the property (legal papers) was lost or destroyed while in defendant's custody and control and fails to show that the allegedly lost legal papers had any value in a pending or future legal proceeding.
Score: 867 November 26, 2018 2018-044-571 : JACOBS v. THE STATE OF NEW YORK, # 2018-044-571, Claim No. None, Motion No. M-92709 M-92709
Motion for late claim for negligent conduct and unlawful arrest.
Score: 626 November 21, 2018 2018-041-078 : FISHER v. THE STATE OF NEW YORK, # 2018-041-078, Claim No. NONE, Motion No. M-92702 M-92702
Application to file and serve late claim alleging that correction officer used excessive force on claimant is granted as allegations provide reasonable excuse for delay and cause to believe a valid cause of action may exist.
Score: 613 November 21, 2018 2018-040-103 : BALBI v. THE STATE OF NEW YORK, # 2018-040-103, Claim No. 129684, Motion No. M-92412 M-92412
Defendant's Motion to Dismiss for lack of jurisdiction denied.
Score: 475 November 21, 2018 2018-0540-113 : CARRANZA v. THE STATE OF NEW YORK, # 2018-0540-113, Claim No. NONE, Motion No. M-92972 M-92972
Late claim application denied, movant failed to submit a proposed claim and did not set forth the particulars required to state a claim (Court of Claims Act § 10 [b]).
Score: 737 November 21, 2018 2018-040-102 : CALVERLEY v. THE STATE OF NEW YORK, # 2018-040-102, Claim No. 131626, Motion No. M-92644 M-92644
Defendant's Motion to Dismiss Claim as untimely on the basis Claimant did not comply with the Court's Order granting her permission to file a Claim late, pursuant to CCA § 10(6), denied.
Score: 678 November 20, 2018 2018-041-077 : JOE v. THE STATE OF NEW YORK, # 2018-041-077, Claim No. 123355, Motion No. M-92704, Cross-Motion No. CM-92800 M-92704
Claimant's motion to amend scheduling order and extend his time to disclose additional expert witnesses is granted; defendant's cross-motion to stay accrual of statutory interest on claimant's liability judgment due to claimant's delay in damages trial readiness is denied.
Score: 585 November 20, 2018 2018-053-563 : SCOTT v. THE STATE OF NEW YORK, # 2018-053-563, Claim No. 125075, 126401, Motion No. M-92796 M-92796
Motion by proposed executor of the estate of her deceased husband for reconsideration of prior decision of the Court is denied. CPLR does not provide a mechanism for reconsideration.  As the movant is pro se, Court applies CPLR 2221, by which a party may move for permission to reargue or renew a prior motion, and finds no basis to change determination.
Score: 347 November 19, 2018 2018-045-514 : GONZALEZ v. THE STATE OF NEW YORK, # 2018-045-514, Claim No. 125395 
Score: 449 November 19, 2018 2018-045-515 : EDWARDS v. THE STATE OF NEW YORK, # 2018-045-515, Claim No. 127999 
Score: 388 November 19, 2018 2018-045-516 : ROSS v. THE STATE OF NEW YORK, # 2018-045-516, Claim No. 128004 
Score: 420 November 19, 2018 2018-050-061 : v. THE STATE OF NEW YORK, # 2018-050-061, Claim No. 131846, Motion No. M-92859 M-92859
Score: 475 November 16, 2018 2018-053-562 : MATTER v. THE STATE OF NEW YORK, # 2018-053-562, Claim No. 129115, Motion No. M-93048 M-93048
Claimant's motion for additional time to file amended claim asserting additional causes of action is granted. The State reserves its right to raise legal objections and affirmative defenses to the amended claim and to make any related motions.
Score: 347 November 15, 2018 2018-054-098 : IVANOV v. THE STATE OF NEW YORK, # 2018-054-098, Claim No. 127553, Motion No. M-92303 M-92303
Summary judgment denied in a motorcycle accident claim.
Score: 388 November 15, 2018 2018-041-075 : RUGGIERO v. THE STATE OF NEW YORK, # 2018-041-075, Claim No. 121004, Motion No. M-92582 M-92582
Claimant's motion for summary judgment is denied in claim alleging assault by correction officers, negligence and falsification and/or spoliation of medical evidence where claimant fails to satisfy initial burden of showing prima facie entitlement to summary judgment, and, even assuming claimant had met burden, triable issues of fact exist.
Score: 518 November 14, 2018 2018-041-074 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-041-074, Claim No. 128567, Motion No. M-92598 M-92598
Claimant's motion for summary judgment as to defendant's liability for injuries caused by an assault on claimant by fellow inmates is denied where questions of fact exist, including whether defendant failed to exercise reasonable care to protect claimant from a foreseeable risk of assault by a fellow inmate or inmates and whether defendant negligently failed to respond to the incident involving claimant in a timely manner.
Score: 585 November 13, 2018 2018-041-072 : GONZALEZ v. THE STATE OF NEW YORK, # 2018-041-072, Claim No. 131274, Motion No. M-92707 M-92707
Claimant's motion for an order granting poor person status, appointment of an attorney to represent claimant without compensation and for a Spanish language interpreter is denied.
Score: 537 November 13, 2018 2018-041-073 : LORICK v. THE STATE OF NEW YORK, # 2018-041-073, Claim No. 128569, Motion No. M-92223, Cross-Motion Nos. CM-92465, CM-92507 M-92223
Claimant's motion for partial summary judgment as to defendant's liability, and defendant's cross-motion for summary judgment dismissing the claim, in inmate negligent supervision claim, are each denied where questions of fact exist as to the identity and training, if any, of fellow inmate who allegedly caused claimant's injury.
Score: 626 November 9, 2018 2018-053-011 : HUBBARD v. STATE OF NEW YORK, # 2018-053-011, Claim No. 123817 
After a bifurcated trial on the issue of liability, the Court finds that claimant failed to establish that the State asserted sufficient supervisory control to support a claim for a violation of Labor Law 200.  The Court also finds that no violation of Labor Law 241 (6) occurred because the lack of sheeting and shoring was not the proximate cause of claimant's injuries.
Score: 498 November 8, 2018 2018-032-014 : DAVIS v. THE STATE OF NEW YORK, # 2018-032-014, Claim No. 125370 
Inmate claimant was injured when a table he was directed to sit on for the removal of his leg irons collapsed. Defendant was found 100% liable.
Score: 449 November 8, 2018 2018-054-112 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-112, Claim No. 127039 
State's motion to dismiss the claim granted based upon claimant's failure to establish his damages.
Score: 449 November 7, 2018 2018-054-108 : SANDER v. Department of - The State of New York, # 2018-054-108, Claim No. 131726, Motion No. M-92895 M-92895
State's motion to dismiss claimant's amended claim granted, amended claim not served upon the State.
Score: 648 November 7, 2018 2018-018-977 : MARICLE v. STATE OF NEW YORK, # 2018-018-977, Claim No. 131531, Motion No. M-92566 M-92566
Defendant's motion to dismiss is denied. Claimant has set forth sufficient facts and, on the motion, the Court is obligated to accept the facts as alleged as true.
Score: 299 November 7, 2018 2018-018-978 : CROSS v. STATE OF NEW YORK, # 2018-018-978, Claim No. 125484 
The State cannot be held liable for correction officer's intentional, unprovoked assault which was outside the scope of his employment duties. Claim is dismissed.
Score: 449 November 2, 2018 2018-038-590 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-590, Claim No. 125974, Motion No. M-92722 M-92722
Claimant's motion to compel answers to notices of deposition on written questions is denied.
Score: 149 November 1, 2018 2018-038-588 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-588, Claim No. 126533, Motion No. M-92720 M-92720
Claimant's motion to compel answers to notices of deposition on written questions denied. Claimant did not demonstrate that proposed deponents had been served with the written questions or that they had stipulated to answering them, or that they were located outside the state ( see CPLR 3107, 3108).
Score: 585 November 1, 2018 2018-032-072 : MURRELL v. THE STATE OF NEW YORK , # 2018-032-072, Claim No. 131564, Motion No. M-92593 M-92593
The claim is dismissed as untimely. Claimant failed to serve a notice of intention to file a claim by certified mail, return receipt requested, on or before the 90 th day following the accrual date.
Score: 149 November 1, 2018 2018-038-589 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-589, Claim No. 128005, Motion No. M-92721 M-92721
Claimant's motion to compel answers to notices of deposition on written questions is denied.
Score: 347 November 1, 2018 2018-015-174 : BUCHANAN, et al v. THE STATE OF NEW YORK, # 2018-015-174, Claim No. 128544, 128539, 128543,128541, 128542, 128527, Motion Nos. M-92537, M-92538, M-92540, M-92539 M-92537, M-92538, M-92540, M-92539
Claim by five correction officers seeking damages for emotional trauma caused by the issuance of notices of discipline for excessive force were dismissed for failing to state a cause of action. Claimants lacked standing to sue for breach of the collective bargaining agreement; they could not recover for intentional infliction of emotional distress on public policy grounds; the circumstances did not provide a basis for their claim of negligent infliction of emotional distress and the constitutional claims lacked merit as a matter of law.
Score: 388 October 31, 2018 2018-044-012 : BRAUN v. THE STATE OF NEW YORK, # 2018-044-012, Claim No. 126037 
Claim for injuries incurred in slip and fall at SUNY Binghamton campus dismissed after trial.
Score: 449 October 31, 2018 2018-053-559 : MORALES v. THE STATE OF NEW YORK, # 2018-053-559, Claim No. 126399, Motion No. M-92714 M-92714
Defendant's motion for summary judgment dismissing the claim is granted. Claimant, an inmate proceeding pro se, asserted a claim seeking damages for the loss of property but failed to exhaust his administrative remedies.
Score: 670 October 30, 2018 2018-041-070 : MUNIZ v. THE STATE OF NEW YORK, # 2018-041-070, Claim No. 125635, Motion No. M-91975 M-91975
Defendant's motion to dismiss wrongful confinement claim as untimely is denied where the wrongful confinement ended, and the claim accrued, on December 22, 2014 when the inmate-claimant was released from defendant's physical custody, rather than on October 30, 2014, as asserted by defendant, when claimant was purportedly transferred to a Residential Treatment Facility, and the claim was served on February 27, 2015, within ninety days after the claim accrued.
Score: 449 October 29, 2018 2018-054-109 : WORD v. THE STATE OF NEW YORK, # 2018-054-109, Claim No. 131356, Motion No. M-92849 M-92849
Claimant's motion for renewal denied, motion for renewal as unfounded and lacks a basis under CPLR 2221 (e).
Score: 498 October 26, 2018 2018-054-107 : CABLE v. THE STATE OF NEW YORK, # 2018-054-107, Claim No. 129832, Motion Nos. M-92699, CM-92719 M-92699, CM-92719
Trooper's
Score: 537 October 26, 2018 2018-041-069 : PEARSON v. THE STATE OF NEW YORK, # 2018-041-069, Claim No. 130709, Motion No. M-92404 M-92404
Claim challenging determination of the New York State Department of Civil Service in
Score: 600 October 26, 2018 2018-040-100 : PEAK v. THE STATE OF NEW YORK, # 2018-040-100, Claim No. 131869, Motion No. M-92824 M-92824
State's pre-Answer Motion to Dismiss the Claim granted as the Court lacks subject matter jurisdiction as incident occurred at a location owned and operated by Oneida County.