New York State Court of Claims |
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Your query court returned 50 results.
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October 9, 2019 | 2019-038-593 : FORBES v. STATE OF NEW YORK, # 2019-038-593, Claim No. 125520, Motion No. M-94584 M-94584 Defendant's motion to dismiss the claim for lack of jurisdiction granted. Claim was improperly served by regular first class mail. |
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October 7, 2019 | 2019-038-596 : ROBERTS v. THE STATE OF NEW YORK, # 2019-038-596, Claim No. 125532, Motion No. M-94615 M-94615 Defendant's motion for summary judgment denied. Defendant failed to submit any of the pleadings, including its own answer. |
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October 7, 2019 | 2019-038-595 : RICHINS v. STATE OF NEW YORK, # 2019-038-595, Claim No. 125525, Motion No. M-94587 M-94587 Defendant's motion to compel claimant to served expert disclosures by a date certain and to dismiss the claim if he fails to comply denied. Defendant failed to served claimant with a request for expert disclosure prior to make the instant motion, and in any event, the claim cannot be dismissed on that basis at this stage of the litigation. |
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October 7, 2019 | 2019-038-594 : GAJADHAR v. THE STATE OF NEW YORK, # 2019-038-594, Claim No. 121461, Motion No. M-94430 M-94430 Defendant's motion to dismiss the claim as untimely is denied. Defendant moved for identical relief in a previous motion and is barred by the |
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October 3, 2019 | 2019-038-592 : ANTROBUS v. STATE OF NEW YORK, # 2019-038-592, Claim No. 125516, Motion No. M-94583 M-94583 Defendant's motion to dismiss the claim for lack of jurisdiction due to improper method of service (regular mail) held in abeyance pending submissions from the parties as to whether defendant was served with the amended claim. |
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September 27, 2019 | 2019-038-113 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-113, Claim No. 125351 |
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September 24, 2019 | 2019-058-009 : COLSON v. THE STATE OF NEW YORK, # 2019-058-009, Claim No. 127552 Claim for wrongful confinement dismissed after trial on the ground that Claimant failed to establish his confinement was not privileged. |
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September 20, 2019 | 2019-038-588 : MOREAU v. STATE OF NEW YORK(1) , # 2019-038-588, Claim No. 125396, Motion No. M-94446 M-94446 Claimant's motion, insofar as it can be construed as a motion to dismiss jurisdictional defenses or a motion seeking summary judgment, denied for failure to append a copy of the pleadings. |
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September 20, 2019 | 2019-045-028 : CAMARANO v. THE STATE OF NEW YORK, # 2019-045-028, Claim No. 132591, Motion Nos. M-93555, M-93828 M-93555, M-93828 Defendant's motion to dismiss claim due to service by regular mail. Claimant's motion for a preliminary injunction and a temporary restraining order. |
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September 18, 2019 | 2019-038-112 : GARMLEY v. THE STATE OF NEW YORK, # 2019-038-112, Claim No. 129218 |
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September 16, 2019 | 2019-029-072 : ELY v. THE STATE OF NEW YORK, # 2019-029-072, Claim No. 126282, Motion No. M-94433 M-94433 The claim seeks damages for injuries from fall resulting from cane collapsing at Taconic C.F. The court granted, in part, claimant's motion to sanction defendant for spoliation based on loss of the broken cane, to the extent of drawing an adverse inference that the missing cane would not support defendant's position at trial. The motion was otherwise denied. |
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September 13, 2019 | 2019-040-091 : COUTURE v. THE STATE OF NEW YORK, # 2019-040-091, Claim No. 130323, Motion No. M-94282 M-94282 Motion to withdraw as counsel granted. |
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September 12, 2019 | 2019-053-015 : DEERING v. THE STATE OF NEW YORK, # 2019-053-015, Claim No. 123256 After a bifurcated trial on the issue of liability, the Court found that the State had actual notice of the presence of a dangerous condition at the access road intersection where the motor vehicle accident occurred. Although the State had recommended closure of the access road three years prior to the subject accident, it failed to erect a temporary closure to remedy it until the project could be completed. The Court found that there was an unjustifiable delay by the State in implementing a remedial plan to address the safety deficiencies. Liability was apportioned 50% against the State and 50% against the claimant driver. |
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September 11, 2019 | 2019-018-056 : AGNESS v. STATE OF NEW YORK, # 2019-018-056, Claim No. 123203 Damages trial granting award for pain, suffering, and lost wages after summary judgment finding State liable for injuries Claimant sustained when he was attacked by a rabid fox. |
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September 11, 2019 | 2019-059-011 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-011, Claim No. 130084 |
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September 11, 2019 | 2019-040-088 : FREEMAN v. STATE OF NEW YORK, # 2019-040-088, Claim No. 125686, Motion No. M-94380 M-94380 Motion to Dismiss Claim for failure to properly serve Claim upon Defendant granted. |
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September 11, 2019 | 2019-059-010 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-010, Claim No. 130083 |
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September 10, 2019 | 2019-015-187 : HASSAN v. THE STATE OF NEW YORK, # 2019-015-187, Claim No. NONE, Motion No. M-94405 M-94405 Motion for late claim relief was adjourned to permit defendant to respond. |
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September 4, 2019 | 2019-038-111 : GALLOWAY v. STATE OF NEW YORK, # 2019-038-111, Claim No. 128472 Claim for assault and battery dismissed after trial. Claimant failed to prove by a preponderance of the credible evidence that he was subjected to an assault and battery by defendant's agents while acting withing the scope of their employment. |
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August 30, 2019 | 2019-041-057 : MOSBY v. THE STATE OF NEW YORK, # 2019-041-057, Claim No. 115977, Motion No. M-94376 M-94376 Claim is dismissed for failure to prosecute pursuant to CPLR 3216. |
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August 29, 2019 | 2019-038-581 : C.G. v. THE STATE OF NEW YORK, # 2019-038-581, Claim No. 131938, Motion No. M-94243 M-94243 Claimant's motion to compel discovery denied as premature. Claimant failed to demonstrate that a discovery demand was previously served on defendant. |
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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. |
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August 27, 2019 | 2019-053-535 : CRISALLI v. THE STATE OF NEW YORK, # 2019-053-535, Claim No. NONE, Motion No. M-93909 M-93909 Pro se inmate's motion for permission to late file claim is denied as all of the factors to be considered weighed against movant's motion. |
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August 26, 2019 | 2019-059-004 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-004, Claim No. 133093-A, Motion No. M-94272 M-94272 |
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August 26, 2019 | 2019-059-006 : WALKER v. THE STATE OF NEW YORK, # 2019-059-006, Claim No. 132032, Motion No. M-94275 M-94275 |
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August 26, 2019 | 2019-059-001 : DYE v. THE STATE OF NEW YORK, # 2019-059-001, Claim No. , Motion No. M-94252 M-94252 |
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August 23, 2019 | 2019-059-002 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-002, Claim No. , Motion No. M-94270 M-94270 |
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August 23, 2019 | 2019-059-005 : SILVA v. THE STATE OF NEW YORK, # 2019-059-005, Claim No. 130482, Motion No. M-94274 M-94274 |
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August 23, 2019 | 2019-059-003 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-003, Claim No. 133093, Motion No. M-94268 M-94268 |
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August 23, 2019 | 2019-018-052 : SANCHEZ v. STATE OF NEW YORK, # 2019-018-052, Claim No. 129876, Motion No. M-93945 M-93945 Defendant brings a motion to dismiss the claim. There is no view of the evidence which supports a finding that the amount of water in the shower area was unusual or created an unreasonably dangerous condition above and beyond that typically encountered. Nor is there anything to support a finding that Defendant created or had actual or constructive notice of the alleged unusually slippery condition of this particular shower ( see Seaman , 45 AD3d 1126). The claim is dismissed. |
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August 22, 2019 | 2019-054-053 : BUTLER v. THE STATE OF NEW YORK, # 2019-054-053, Claim No. 132920, Motion No. M-94189 M-94189 Dismissal motion denied, claim was served by personal service upon the State within two years of claim's accrual. (Court of Claims Act § 10 [3]). |
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August 22, 2019 | 2019-054-054 : LEWIS v. THE STATE OF NEW YORK, # 2019-054-054, Claim No. 133026, Motion No. M-94209 M-94209 Claim dismissed, Claim served on State by regular mail; fails to comply with Court of Claims Act 11 (b), no specific date and wrongdoing attributable to the State in the claim. |
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August 22, 2019 | 2019-054-055 : LEWIS v. THE STATE OF NEW YORK, # 2019-054-055, Claim No. 133027, Motion No. M-94210 M-94210 Dismissal motion granted, claim served upon the State by regular mail (Court of Claims Act § 11 [a] [i]). |
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August 22, 2019 | 2019-054-063 : GIVENS v. THE STATE OF NEW YORK, # 2019-054-063, Claim No. 130372, Motion No. M-94357 M-94357 Claim dismissed, failure to comply with Court of Claims Act § 11 (b), claim fails to allege any wrongdoing attributable to the State. |
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August 21, 2019 | 2019-053-534 : MOORE v. THE STATE OF NEW YORK, # 2019-053-534, Claim No. 132272, Motion No. M-93345 M-93345 Pro se inmate claimants allege that the State's employees engaged in sexual harassment of them at two correctional facilities where they were incarcerated. In lieu of answering the claim, the State moves to dismiss the claim. The State's motion is granted as New York does not recognize a common law cause of action for harassment. Claimants additional causes of action alleging intentional acts and negligent hiring, training and retention are also dismissed. |
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August 21, 2019 | 2019-040-080 : MIROIU v. THE STATE OF NEW YORK, # 2019-040-080, Claim No. 132443, Motion Nos. M-93869, M-93870, M-93871 M-93869, M-93870, M-93871 Defendant's pre-Answer Motion to Dismiss the Claim, Amended Claim, and Second Amended Claim granted. |
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August 20, 2019 | 2019-053-533 : SCHMIDT v. STATE OF NEW YORK, WESTERN NEW YORK DEVELOPMENTAL DISABILITY SERVICES OFFICE; SOUTH CHAPEL IRA, # 2019-053-533, Claim No. NONE, Motion No. M-93887 M-93887 Movant's motion for permission to late file a claim is granted. Movant established that the majority of the statutory factors weigh in favor of granting late claim relief. |
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August 19, 2019 | 2019-038-110 : YOUNG v. THE STATE OF NEW YORK, # 2019-038-110, Claim No. 125176 |
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August 16, 2019 | 2019-018-050 : McCargar v. NEW YORK STATE THRUWAY AUTHORITY, # 2019-018-050, Claim No. NONE, Motion No. M-93971 M-93971 Application for late claim is granted. |
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August 16, 2019 | 2019-054-065 : ACOSTA v. THE STATE OF NEW YORK, # 2019-054-065, Claim No. 129209 Bench decision on inmate bailment claim. |
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August 15, 2019 | 2019-040-078 : COLLINS v. THE STATE OF NEW YORK, # 2019-040-078, Claim No. 125098 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-077 : BONACORSA v. THE STATE OF NEW YORK, # 2019-040-077, Claim No. 125463 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-076 : BONACORSA v. THE STATE OF NEW YORK, # 2019-040-076, Claim No. 125066 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-075 : CONCEPCION v. THE STATE OF NEW YORK, # 2019-040-075, Claim No. 124937 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-074 : HALL v. THE STATE OF NEW YORK, # 2019-040-074, Claim No. 123322 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-072 : SCOTT v. THE STATE OF NEW YORK, # 2019-040-072, Claim No. 122529 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-071 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-040-071, Claim No. 122321 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-070 : MILLER v. THE STATE OF NEW YORK, # 2019-040-070, Claim No. 121057 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-069 : FULLER v. THE STATE OF NEW YORK, # 2019-040-069, Claim No. 121037 Claim dismissed for failure to appear at Trial and prosecute the Claim. |
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August 15, 2019 | 2019-040-068 : SZYMASZEK v. THE STATE OF NEW YORK, # 2019-040-068, Claim No. 120863 Claim dismissed for failure to appear at Trial and prosecute the Claim. |