New York State Court of Claims

New York State Court of Claims

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Score: 420 June 7, 2017 2017-040-062 : VILLEGAS v. THE STATE OF NEW YORK, # 2017-040-062, Claim No. 114311 
Failure to appear at Trial. Dismissed for failure to appear and prosecute action.
Score: 347 May 30, 2017 2017-041-505 : TORRES v. THE STATE OF NEW YORK, # 2017-041-505, Claim No. 120510 
Claim is dismissed after trial where claimant failed to prove by a preponderance of the credible evidence when and how he came to be injured, and more specifically, failed to prove by a preponderance of the credible evidence that he sustained an injury on the date and in the manner set forth in the claim.
Score: 420 May 25, 2017 2017-041-036 : PETERSON v. THE STATE OF NEW YORK, # 2017-041-036, Claim No. 125496, Motion No. M-90144 M-90144
Claimant's motion for a default judgment is denied and the claim is dismissed as jurisdictionally defective due to claim not having been served on the Attorney General.
Score: 475 May 24, 2017 2017-041-504 : ROONEY v. THE STATE OF NEW YORK, # 2017-041-504, Claim No. 117759 
Claimant failed to prove by a preponderance of the evidence at damages trial that defendant's negligent failure to timely retrieve and preserve portion of claimant's nose, bitten off during inmate-on-inmate assault, was a proximate cause of claimant's alleged injuries and damages.
Score: 347 May 24, 2017 2017-040-060 : CAMPO v. THE STATE OF NEW YORK, # 2017-040-060, Claim No. 126075, Motion No. M-90136 M-90136
Pro se Claimant's Motion for summary judgment pursuant to CPLR 3213 denied as the section is inapplicable to this matter.
Score: 637 May 23, 2017 2017-041-035 : NICHOLS v. THE STATE OF NEW YORK, # 2017-041-035, Claim No. NONE, Motion No. M-89903 M-89903
Application to file late claim is granted where allegations provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 659 May 23, 2017 2017-040-057 : PAGE v. THE STATE OF NEW YORK, # 2017-040-057, Claim No. NONE, Motion No. M-89755 M-89755
Pro se Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 600 May 19, 2017 2017-040-056 : HEADLEY v. THE STATE OF NEW YORK, # 2017-040-056, Claim No. 121357, Motion No. M-90171 M-90171
Motion to dismiss Claim for failure to properly serve same granted. Claim served by regular mail.
Score: 585 May 19, 2017 2017-040-054 : MATIAS v. THE STATE OF NEW YORK, # 2017-040-054, Claim No. 125852, Motion No. M-89930 M-89930
State's motion to strike note of issue granted.
Score: 299 May 19, 2017 2017-040-055 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-055, Claim No. 129253, Motion No. M-90075 M-90075
Pro se Claimant's motion to compel production of documents denied.
Score: 475 May 18, 2017 2017-041-033 : TRAMMELL v. THE STATE OF NEW YORK, # 2017-041-033, Claim No. 123810, Motion No. M-89695, Cross-Motion No. CM-90067 M-89695
Claimant's motion for summary judgment as to defendant's liability for wrongfully confining the inmate/claimant and defendant's cross-motion for summary judgment dismissing claim are each denied where triable issues of material fact exist as to claimant's proper release date after a series of disciplinary proceedings involving separate incidents and charges and after a series of administrative reviews and re-hearings of the various incidents and charges.
Score: 149 May 15, 2017 2017-041-503 : LOPEZ v. THE STATE OF NEW YORK, # 2017-041-503, Claim No. 126621 
Wrongful confinement claim is barred by quasi-judicial governmental immunity defense and is dismissed after trial where claimant failed to prove that defendant violated any rules or regulations in the conduct of disciplinary hearings and failed to prove that he suffered actual prejudice by defendant's refusal to require confidential informant to testify at disciplinary hearings.
Score: 670 May 11, 2017 2017-053-517 : WARNER v. THE STATE OF NEW YORK, # 2017-053-517, Claim No. 098768, Motion No. M-90153 M-90153
Motion seeking to set aside Decision of the Court and the Judgment dismissing the claim following the trial is denied.
Score: 498 May 11, 2017 2017-032-029 : HINCHEY v. THE STATE OF NEW YORK and NEW YORK STATE OFFICE OF PARKS, RECREATION & HISTORICAL PRESERVATION, # 2017-032-029, Claim No. 121331, Motion No. M-89833 M-89833
The State's motion for summary judgment based upon its defense of qualified immunity under General Obligations Law 9-103 is granted.
Score: 861 May 9, 2017 2017-040-052 : GRIBNEAU v. THE STATE OF NEW YORK, # 2017-040-052, Claim No. 118721 
Highway Accident at Intersection. Alleged sight distance issues. Qualified Immunity applies. Even if no qualified immunity, Claimant failed to establish State was negligent.
Score: 687 May 5, 2017 2017-015-228 : HICKS v. THE STATE OF NEW YORK, # 2017-015-228, Claim No. 129244, Motion No. M-90080 M-90080
Causes of action for intentional torts were dismissed because claim was served beyond the time to do so set forth in the prior Order which granted late claim relief and beyond the applicable statute of limitations. Claim was deemed timely served nunc pro tunc with respect to the cause of action for constitutional tort.
Score: 670 May 5, 2017 2017-045-011 : 154 TERRY ROAD v. THE STATE OF NEW YORK, # 2017-045-011, Claim No. 124599, Motion No. M-90081, Cross-Motion No. CM-90113 M-90081
Claimant's order to show cause to file new expert reports after defendant did work to easement area on the eve of trial.
Score: 648 May 4, 2017 2017-038-533 : WHITE v. STATE OF NEW YORK, et al, # 2017-038-533, Claim No. 122197, Motion Nos. M-89483, M-89676 M-89483, M-89676
Claimant's motion to strike affirmative defenses denied due to defective papers. Affidavit and memorandum of law printed on both sides in violation of court rules (22 NYCRR 205.5[b]), and only one side of each page was photocopied for service upon defendant, who thus has only every other page of claimant's submission. Claimant's motion to compel defendant to comply with a prior decision and order in discovery denied. Defendant demonstrated sufficient compliance with the order, and claimant did not persuasively show otherwise.
Score: 648 May 2, 2017 2017-044-538 : FLORES v. THE STATE OF NEW YORK, # 2017-044-538, Claim No. None, Motion No. M-89814 M-89814
Late claim relief denied without prejudice.
Score: 670 May 1, 2017 2017-032-023 : ARTIS v. THE STATE OF NEW YORK, LINCON HOSPITAL, PAULA MANDEL, # 2017-032-023, Claim No. NONE, Motion No. M-89832 M-89832
Movant's motion for late claim relief pursuant to Court of Claims Act 10 (6) is denied.
Score: 570 May 1, 2017 2017-032-024 : YEFIMOVA v. THE STATE OF NEW YORK, # 2017-032-024, Claim No. 128243, Motion No. M-89730 M-89730
The claim is dismissed for failure to comply with the service requirements of Court of Claims Act 11.
Score: 537 April 28, 2017 2017-038-532 : JONES v. THE STATE OF NEW YORK, # 2017-038-532, Claim No. 127882, Motion Nos. M-89498, M-89717 M-89498, M-89717
Defendant's motion to dismiss granted. Claim fails to state a cause of action.
Score: 299 April 28, 2017 2017-031-502 : HALLMAN v. THE STATE OF NEW YORK, # 2017-031-502, Claim No. 120172 
Claimant awarded $250,000.00 for injuries related to Defendant's negligence.
Score: 498 April 28, 2017 2017-040-050 : SEELEY v. THE STATE OF NEW YORK, # 2017-040-050, Claim No. 128788, Motion No. M-89705 M-89705
Pro se Claimant's motion for summary judgment, declaratory judgment, and default judgment denied.
Score: 388 April 28, 2017 2017-015-230 : ANAND v. THE STATE OF NEW YORK, # 2017-015-230, Claim No. 122521, Motion No. M-90033 M-90033
Motion to strike the note of issue was granted.
Score: 420 April 28, 2017 2017-015-229 : BUCKLEY v. THE STATE OF NEW YORK, # 2017-015-229, Claim No. 127080, Motion No. M-90141 M-90141
Defendant's motion for dismissal of an inmate's bailment claim for failure to exhaust administrative remedies was denied as claimant did exhaust his administrative remedies and the administrative appeal was denied on the merits, not as untimely.
Score: 696 April 28, 2017 2017-040-051 : RIVERA v. THE STATE OF NEW YORK, # 2017-040-051, Claim No. 126265, Motion No. M-89817 M-89817
State's Motion to Dismiss for failure to prosecute and for failure to keep Court & Defendant apprised of Claimant's address as required by Uniform Rules for the Court of Claims 206.6(f) granted.
Score: 585 April 27, 2017 2017-040-048 : DOVE v. STATE OF NEW YORK, # 2017-040-048, Claim No. 126824, Motion No. M-89886 M-89886
State's motion to dismiss pro se Claim granted as Claim was not served on Defendant in accordance with CCA 11(a).
Score: 687 April 27, 2017 2017-040-049 : FISHER v. STATE OF NEW YORK, # 2017-040-049, Claim No. 128682, Motion Nos. M-89782, M-89783 M-89782, M-89783
Pro se Claimant's motion to file a late claim pursuant to CCA 10(6) granted. Motion to serve amended claim denied.
Score: 728 April 27, 2017 2017-040-047 : MAISONET v. THE STATE OF NEW YORK, # 2017-040-047, Claim No. NONE, Motion No. M-89784 M-89784
Pro se Movant's application to serve and file a Claim late granted. Motion for poor person status and assignment of counsel denied.
Score: 687 April 26, 2017 2017-032-020 : FIRST TRANSIT v. THE STATE OF NEW YORK, # 2017-032-020, Claim No. 128493, Motion Nos. M-89376, M-89740 M-89376, M-89740
Claim alleging breach of contract is dismissed as untimely pursuant to Court of Claims Act 10 (4).
Score: 670 April 25, 2017 2017-053-519 : PALADINO v. THE STATE OF NEW YORK, # 2017-053-519, Claim No. 127023, Motion No. M-89006 M-89006
Pre-Answer motion by State to dismiss claim for lack of jurisdiction is denied. Court finds claimant to be under a legal disability and entitled to the two year tolling provision of Court of Claims Act 10 (5).
Score: 420 April 25, 2017 2017-032-019 : PURDIE v. THE STATE OF NEW YORK, # 2017-032-019, Claim No. 126555, Motion No. M-90289 M-90289
Defendant's pre-trial motion in limine to admit certain documents is granted.
Score: 555 April 25, 2017 2017-015-226 : CASTELANO v. THE STATE OF NEW YORK, # 2017-015-226, Claim No. NONE, Motion No. M-89824 M-89824
Motion for late claim relief was denied. Movant submitted an unverified claim and
Score: 600 April 20, 2017 2017-032-004 : JENKINS v. THE STATE OF NEW YORK, # 2017-032-004, Claim No. 122453 
Following a trial, claim alleging malicious prosecution, intentional infliction of emotional distress, abuse of process, unlawful imprisonment, and various violations of the Federal and State Constitutions is dismissed.
Score: 498 April 19, 2017 2017-015-227 : TRULIO v. THE STATE OF NEW YORK, # 2017-015-227, Claim No. 127538, Motion No. M-89924 M-89924
Defendant's motion to dismiss the claim for failure to state a cause of action was denied. Claim stated a cause of action for wrongful confinement in the prison setting and also met the pleading requirements of Court of Claims Act 11 (b).
Score: 236 April 19, 2017 2017-015-225 : THEARD v. THE STATE OF NEW YORK, # 2017-015-225, Claim No. 128688, Motion No. M-89806 M-89806
Claimant's motion for summary judgment on his claim for keeplock confinement for a period which exceeded the penalty imposed by the Hearing Officer was granted on the issue of liability.
Score: 449 April 18, 2017 2017-040-044 : LANGO v. STATE OF NEW YORK, # 2017-040-044, Claim No. 124219, Motion No. M-89651 M-89651
Pro se Claimant's Motion to strike State's Answer and for Summary Judgment denied.
Score: 570 April 18, 2017 2017-040-046 : FUNCHES v. STATE OF NEW YORK, # 2017-040-046, Claim No. 126639, Motion No. M-89869 M-89869
Pro se Claimant's second Motion to Amend his Claim denied.
Score: 570 April 18, 2017 2017-040-045 : TORRES v. THE STATE OF NEW YORK, # 2017-040-045, Claim No. 127500, Motion No. M-89466 M-89466
Pro se Claimant's Motion to Strike State's Answer denied.
Score: 475 April 17, 2017 2017-040-037 : THOMPSON v. THE STATE OF NEW YORK, # 2017-040-037, Claim No. 120157 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.
Score: 537 April 17, 2017 2017-045-010 : TRENT v. THE STATE OF NEW YORK, # 2017-045-010, Claim No. 122188, Motion No. M-88951 M-88951
Defendant's motion to dismiss the informed consent cause of action in the claim since it was not included in the notice of intention.
Score: 299 April 17, 2017 2017-015-224 : SMITH v. THE STATE OF NEW YORK, # 2017-015-224, Claim No. 128402, Motion No. M-89793 M-89793
Pro se inmate's motion for summary judgment on his causes of action for assault/battery and medical malpractice/negligence was denied as the proof submitted in support of the motion raised questions of fact.
Score: 449 April 17, 2017 2017-040-043 : JANNACE v. THE STATE OF NEW YORK, # 2017-040-043, Claim No. 126727, Motion No. M-89767 M-89767
Motion pursuant to CPLR 321(b)(2) by Claimant's counsel to withdraw granted.
Score: 678 April 17, 2017 2017-040-042 : MEDINA v. THE STATE OF NEW YORK, # 2017-040-042, Claim No. NONE, Motion No. M-89757 M-89757
Pro se Movant's application to serve and file a Claim late pursuant to CCA 10(6) regarding a slip and fall on snow and ice granted.
Score: 475 April 17, 2017 2017-040-038 : GRAY v. THE STATE OF NEW YORK, # 2017-040-038, Claim No. 119766-A 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-041 : GRAVES v. THE STATE OF NEW YORK, # 2017-040-041, Claim No. 121519 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-040 : MACLIN v. STATE OF NEW YORK, # 2017-040-040, Claim No. 121346 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-036 : THOMPSON v. THE STATE OF NEW YORK, # 2017-040-036, Claim No. 119445 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-039 : BROASTER v. THE STATE OF NEW YORK, # 2017-040-039, Claim No. 120499 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule 206.6(f) to keep Court apprised of his address.