New York State Court of Claims

New York State Court of Claims

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Score: 555 August 23, 2018 2018-015-151 : WILLIAMS v. THE STATE OF NEW YORK, # 2018-015-151, Claim No. NONE, Motion No. M-92153 M-92153
Motion for late claim relief was granted with regard to the proposed cause of action for the unlawful disclosure of confidential HIV information but denied with respect to the proposed cause of action for negligent infliction of emotional distress.
Score: 347 August 22, 2018 2018-015-153 : FIGUEROA v. THE STATE OF NEW YORK, # 2018-015-153, Claim No. NONE, Motion No. M-92204 M-92204
Motion for late claim relief was adjourned to permit service of the motion upon defendant which claimed it had not been served.
Score: 737 August 15, 2018 2018-054-084 : ADAM DEVELOPERS v. THE STATE OF NEW YORK, # 2018-054-084, Claim No. NONE, Motion No. M-91784 M-91784
Late claim application denied based on collateral estoppel and proposed claim of questionable merit.
Score: 518 August 14, 2018 2018-040-075 : GILBERT v. THE STATE OF NEW YORK, # 2018-040-075, Claim No. 127846, Motion No. M-92111 M-92111
Counsel's request for leave to withdraw granted.
Score: 648 August 14, 2018 2018-018-953 : SIVERS v. STATE OF NEW YORK, # 2018-018-953, Claim No. NONE, Motion No. M-92227 M-92227
Late claim application granted.
Score: 388 August 14, 2018 2018-015-146 : HICKS v. THE STATE OF NEW YORK, # 2018-015-146, Claim No. 127485, Motion No. M-92235 M-92235
Defendant's summary judgment motion seeking dismissal of malicious prosecution claim was denied inasmuch as there is no per se rule foreclosing such claims where the underlying criminal charges were dismissed in the interest of justice.
Score: 613 August 13, 2018 2018-015-144 : BUFFALO YACHT CLUB v. STATE OF NEW YORK, acting through New York State Department of Transportation and NEW YORK STATE THRUWAY AUTHORITY, # 2018-015-144, Claim No. 130555, Motion Nos. M-91713, M-91740, Cross-Motion No. CM-91894 M-91713, M-91740
Claim for damages arising from a continuing trespass due to the increased flow of water in underground structures allegedly caused by construction-site runoff was dismissed for failure to allege the date the claim accrued or the date the damages were repaired.
Score: 887 August 13, 2018 2018-032-044 : CUTIE v. THE STATE OF NEW YORK, # 2018-032-044, Claim No. 125806, Motion No. M-91615 M-91615
The claim is dismissed in its entirety. Claimants' causes of action sounding in defamation, tortious interference with existing contracts, breach of contract, and negligence failed to comply with Court of Claims Act § 11 (b). No triable issues of fact exist as to the claim for tortious interference with business relationships.
Score: 648 August 10, 2018 2018-053-008 : DIAZ v. STATE OF NEW YORK, # 2018-053-008, Claim No. 127064 
After trial, a pro se claim for wrongful confinement is dismissed. Claimant failed to establish that a violation of any due process regulation proximately caused his alleged wrongful confinement.
Score: 420 August 9, 2018 2018-045-505 : TORRES v. THE STATE OF NEW YORK, # 2018-045-505, Claim No. 126496 
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Score: 518 August 9, 2018 2018-053-542 : McGARVEY v. STATE OF NEW YORK , # 2018-053-542, Claim No. 126916, Motion No. M-92532 M-92532
Claimant's counsel moves for permission to withdraw as counsel and defendant does not oppose. Counsel established good cause based upon irreconcilable differences.
Score: 420 August 9, 2018 2018-045-508 : JONES v. THE STATE OF NEW YORK, # 2018-045-508, Claim No. 123734 
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Score: 420 August 9, 2018 2018-045-507 : BULLOCK v. THE STATE OF NEW YORK, # 2018-045-507, Claim No. 127661 
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Score: 420 August 9, 2018 2018-045-506 : MONCRIEFFE v. THE STATE OF NEW YORK, # 2018-045-506, Claim No. 127835 
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Score: 420 August 9, 2018 2018-045-509 : PETERSON v. THE STATE OF NEW YORK, # 2018-045-509, Claim No. 118713 
Claims dismissed as claimant failed to appear at Trial to prosecute the claim.
Score: 498 August 8, 2018 2018-040-072 : FUENTES v. STATE OF NEW YORK, # 2018-040-072, Claim No. 130850, Motion No. M-92212 M-92212
Pro se Claimant's Motion to Strike Affirmative Defenses raised in State's Answer and for Summary Judgment denied.
Score: 388 August 7, 2018 2018-015-141 : GRANGER v. THE STATE OF NEW YORK, # 2018-015-141, Claim No. 128342, Motion No. M-92103 M-92103
Defendant's motion to strike the Note of Issue was granted and claimant's counsel was directed to show cause why the claim should not be dismissed in light of his failure to comply with a previously served 90-Day Demand.
Score: 236 August 7, 2018 2018-015-143 : SCOTT v. STATE OF NEW YORK, # 2018-015-143, Claim No. 130117, Motion No. M-92119 M-92119
Pro se inmate's motion for summary judgment was denied.
Score: 704 August 7, 2018 2018-040-070 : SORIN v. THE STATE OF NEW YORK, # 2018-040-070, Claim No. 129501, Motion No. M-92232 M-92232
State's Motion to Dismiss Claim on the basis it was not timely filed with the Office of the Clerk of the Court pursuant to CCA § 10(6) granted.
Score: 678 August 7, 2018 2018-040-069 : P.R. v. STATE OF NEW YORK, # 2018-040-069, Claim No. NONE, Motion No. M-92143 M-92143
Motion for permission to file a Claim late pursuant to CCA § 10(6) granted in part and denied in part.
Score: 236 August 7, 2018 2018-038-575 : PORTALATIN v. STATE OF NEW YORK, # 2018-038-575, Claim No. 128716, Motion No. M-92304 M-92304
Defendant's motion for summary judgment dismissing claim for false imprisonment granted in part. No liability will lie against the State for the failure of the New York City Department of Corrections to timely send claimant's jail time certificate to DOCCS, as required by Correction Law § 600-a. DOCCS neither had nor created a duty to obtain the certificate. Motion denied with respect to the period of 13 days between DOCCS recalculation and claimant's release from State custody because defendant did not offer justification for claimant's continued incarceration after his release date was recalculated.
Score: 149 August 7, 2018 2018-015-138 : ROBINSON v. STATE OF NEW YORK, # 2018-015-138, Claim No. 126219 
Pro se inmate's medical malpractice claim was dismissed following trial as claimant failed to support his allegations with expert medical evidence.
Score: 555 August 6, 2018 2018-053-541 : GUAMAL v. THE STATE OF NEW YORK, # 2018-053-541, Claim No. NONE, Motion No. M-92253 M-92253
Pro se claimant's motion for permission to late file a claim alleging neglect in medical treatment by staff at Collins Correctional Facility is denied.
Score: 626 August 3, 2018 2018-054-073 : NOORZI v. THE STATE OF NEW YORK, # 2018-054-073, Claim No. 123824 
Motor vehicle accident no duty to upgrade median guiderail in limited scope project, no prior accidents
Score: 687 August 3, 2018 2018-040-067 : GOODE v. THE STATE OF NEW YORK, # 2018-040-067, Claim No. 131159, Motion No. M-92187 M-92187
State's Pre-Answer Motion to Dismiss on basis Claim was not timely served as required by the Court of Claims Act and is barred as the Statute of Limitations has expired is granted.
Score: 498 August 3, 2018 2018-040-068 : E.A.N. HOLDINGS v. THE STATE OF NEW YORK, # 2018-040-068, Claim No. 128919, Motion No. M-92159 M-92159
Court's OSC re service. Defendant established Claim was not served upon Defendant as required by the Court of Claims Act. Claim dismissed.
Score: 236 August 1, 2018 2018-038-574 : WALLACE v. THE STATE OF NEW YORK, # 2018-038-574, Claim No. 128165, Motion No. M-92108 M-92108
Pro se claimant's motion to compel responses to Notice to Admit pursuant to CPLR 3123 denied as improper and unnecessary.
Score: 537 August 1, 2018 2018-040-066 : LOWE v. THE STATE OF NEW YORK, # 2018-040-066, Claim No. 124126 
Following Trial, Court finds Claimant failed to establish State was responsible for his slip and fall on snow/ice at Correctional Facility.
Score: 555 August 1, 2018 2018-053-540 : ADAMS v. STATE OF NEW YORK, # 2018-053-540, Claim No. 130643, Motion Nos. M-92258, M-92263 M-92258, M-92263
The State's motion to dismiss the claim of a pro se inmate alleging wrongful confinement is granted and the claim is dismissed. The claim was served more than 90 days after accrual and claimant's notice of intention was not filed within 90 days of accrual.
Score: 687 August 1, 2018 2018-029-073 : PASCOE v. THE STATE OF NEW YORK, # 2018-029-073, Claim No. 126320 
In a wrongful death claim arising from a vehicular accident on January 15, 2015, after the court found the deceased driver and defendant State of New York each 50% liable, a damages trial was held on June 12, 2018. The court found a total economic loss of $1,695,137, awarded claimant executrix 50% of the total amounting to $847,568.50 (past-$127,824 and future-$719,744.50), and directed the Clerk to stay the judgment pending completion of a CPLR Article 50-B hearing.
Score: 537 July 31, 2018 2018-041-054 : KOWALOWSKI v. THE STATE OF NEW YORK, # 2018-041-054, Claim No. 131160, Motion No. M-92206 M-92206
Defendant's motion to dismiss claim in lieu of answer on the ground that notice of intention to file a claim and claim each allegedly failed to adequately state the nature of the claim, as required by Court of Claims Act 11 (b), is denied.
Score: 347 July 30, 2018 2018-038-571 : A.S. v. THE STATE OF NEW YORK, # 2018-038-571, Claim No. 126919, Motion No. M-91968 M-91968
Score: 236 July 30, 2018 2018-038-569 : GAJADHAR v. THE STATE OF NEW YORK, # 2018-038-569, Claim No. 121461, Motion No. M-92397 M-92397
Motion to supplement claim denied in the absence of a proposed supplemental amended claim that complies with CPLR 3025 (b).
Score: 659 July 30, 2018 2018-041-053 : FUENTES v. THE STATE OF NEW YORK, # 2018-041-053, Claim No. 125231, Motion Nos. M-92152, M-92284 M-92152, M-92284
Claimant's motion for default judgment is denied; Defendant's motion to dismiss claim based upon failure to serve claim on Attorney General is granted.
Score: 678 July 30, 2018 2018-038-570 : CUMBERLAND v. THE STATE OF NEW YORK, # 2018-038-570, Claim No. None, Motion No. M-92410 M-92410
Motion for late claim relief denied. Cause of action for intentional tort of wrongful confinement untimely and thus the motion was jurisdictionally defective. To that extent that the proposed claim included a State constitutional tort, the claim lacked the appearance of merit because claimant had other remedies available to vindicate the alleged constitutional violations.
Score: 420 July 30, 2018 2018-054-083 : BROWN v. THE STATE OF NEW YORK, # 2018-054-083, Claim No. 123396 
Inmate work injury claim dismissed, no notice, reasonable use of senses.
Score: 626 July 30, 2018 2018-040-065 : HADDEN v. THE STATE OF NEW YORK, # 2018-040-065, Claim No. 130483, Motion No. M-92179 M-92179
State's Motion to Dismiss on the basis Claimant served the Claim by regular mail and not by certified mail, return receipt requested, as required by CCA § 11(a) granted and Claim dismissed.
Score: 475 July 27, 2018 2018-038-568 : UPSON v. THE STATE OF NEW YORK, # 2018-038-568, Claim No. 130544, Motion No. M-92257 M-92257
Defendant's motion to dismiss on jurisdictional grounds granted. Notice of intention to file claim was served more than 90 days after the date of accrual. Even if the notice of intention had been timely filed, the claim was not filed and served until more than two years thereafter.
Score: 420 July 27, 2018 2018-038-109 : MALAVE' v. THE STATE OF NEW YORK(1) , # 2018-038-109, Claim No. 121868 
Claim for medical negligence or medical malpractice dismissed after trial for lack of a prima facie case. Whether defendant correctly diagnosed and treated claimant's eye injury was not a matter within the knowledge of a lay person, and thus, claimant's failure to support his claim with expert opinion evidence required granting defendant's motion to dismiss.
Score: 475 July 27, 2018 2018-054-075 : SMITH v. THE STATE OF NEW YORK, # 2018-054-075, Claim No. 131434, Motion No. M-92417 M-92417
Motion to dismiss granted, claim untimely filed and served within 90 days of accrual.
Score: 570 July 26, 2018 2018-045-031 : SYKES v. THE STATE OF NEW YORK, # 2018-045-031, Claim No. None, Motion No. M-92160 M-92160
Motion to file a late notice of intention. No proposed claim.
Score: 626 July 25, 2018 2018-045-030 : GREEN v. THE STATE OF NEW YORK, # 2018-045-030, Claim No. None, Motion No. M-91996 M-91996
Motion to file a late claim, trip and fall on the cut-off sign on the sidewalk. State agency report and police report do not provide notice of the essential facts of the claim.
Score: 299 July 25, 2018 2018-053-539 : CRANE v. ROSWELL PARK CANCER INSTITUTE INCORPORATED, # 2018-053-539, Claim No. 126313, Motion No. M-91976 M-91976
Defendant Roswell Park Cancer Institute's motion for summary judgment of a claim for breach of contract is denied.  The claim is for breach of an oral contract for pre-construction services and numerous questions of fact exist as to whether an oral contract exists. Defendant's argument that an oral agreement would violate the Statute of Frauds also fails as a question of fact exists as to the time period applicable to the alleged agreement.
Score: 648 July 24, 2018 2018-045-028 : MARTINEZ v. THE STATE OF NEW YORK, # 2018-045-028, Claim No. None, Motion No. M-92083 M-92083
Late claim motion, Claimant alleges that he was harassed and retaliated against due to his religious beliefs while incarcerated at the Five Points Correctional Facility. Intentional torts statute of limitations expired. Also correction law 610 provides claim to be brought in Supreme Court.
Score: 713 July 24, 2018 2018-040-064 : RANSOM v. STATE OF NEW YORK, # 2018-040-064, Claim No. 128953, Motion No. M-91689 M-91689
State's Motion to Dismiss Claim as untimely served granted.
Score: 299 July 23, 2018 2018-054-081 : BROWN v. THE STATE OF NEW YORK, # 2018-054-081, Claim No. 122129, Motion No. M-92493 M-92493
Pro se motion for assignment of counsel denied.
Score: 420 July 23, 2018 2018-054-078 : MACLIN v. THE STATE OF NEW YORK, # 2018-054-078, Claim No. 125980, Motion No. M-92343 M-92343
Motion to dismiss granted, claim not served on defendant.
Score: 537 July 23 2018 2018-054-079 : ERBY v. WILLIAM LEE, SUPERINTENDENT, # 2018-054-079 , Claim No. 127631, Motion No. M-92344 M-92344
Motion to dismiss granted, claim not served and not timely filed.
Score: 420 July 23, 2018 2018-054-082 : FRASER v. THE STATE OF NEW YORK, # 2018-054-082, Claim No. 128442, Motion No. M-91773 M-91773
motion to dismiss granted, Med Mal claim dismissed due to untimeliness of notice of intention, no violation of claimant's state constitutional rights, double cell housing allowed for inmates in the special housing unit.,
Score: 537 July 20, 2018 2018-041-051 : BROWN v. THE STATE OF NEW YORK, # 2018-041-051, Claim No. 129615, Motion No. M-92194 M-92194
Defendant's motion to dismiss amended claim served more than forty days after service of answer is granted where amended claim was served without leave of court or by stipulation.