New York State Court of Claims |
|
Your query court returned 50 results.
 |
October 21, 2019 | 2019-015-195 : BROOKS v. THE STATE OF NEW YORK, # 2019-015-195, Claim No. 127751, Motion No. M-94671 M-94671 Pro se inmate's request for a subpoena duces tecum to obtain documents in the defendant's possession was granted to the extent of requiring the defendant to produce the documents at the time of trial. |
 |
October 11, 2019 | 2019-029-079 : PICKETT v. THE STATE OF NEW YORK, # 2019-029-079, Claim No. 128015 The State was previously found 100% liable for the unconstitutional detention of claimants. After a trial on damages, the court awarded claimants $120,000 plus interest for purely emotional harm. |
 |
October 10, 2019 | 2019-015-188 : RAMOS v. THE STATE OF NEW YORK, # 2019-015-188, Claim No. 127041-A, 128018 Following video trial, Court found pro se inmate failed to establish either the use of excessive force or medical malpractice or negligence. |
|
October 10, 2019 | 2019-029-078 : WHALEY v. THE STATE OF NEW YORK, # 2019-029-078, Claim No. 130729 The pro se claim by an inmate alleged injuries caused by negligence of the medical staff at Bedford Hills Correctional Facility in failing to remove sutures in claimant's wrist after surgery to drain a ganglion cyst. After a video trial, the court found defendant not liable for negligence as claimant needed, but failed, to submit expert testimony to prove causation. |
|
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. |
|
October 8, 2019 | 2019-054-084 : WASHINGTON v. THE STATE OF NEW YORK, # 2019-054-084, Claim No. 129565 Inmate bailment claim. State found liable for claimant's loss of his property. |
 |
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. |
|
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. |
|
October 7, 2019 | 2019-059-015 : LOPEZ v. THE STATE OF NEW YORK, # 2019-059-015, Claim No. 128583, Motion No. M-94348 M-94348 |
 |
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 |
|
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. |
|
October 2, 2019 | 2019-015-189 : SMITH v. STATE OF NEW YORK, # 2019-015-189, Claim No. 126875 Pro se inmate claim alleging negligent supervision was dismissed following a remote video trial. |
|
October 2, 2019 | 2019-015-190 : HALL v. THE STATE OF NEW YORK, # 2019-015-190, Claim No. 125245 Pro se inmate was awarded damages plus interest on his bailment claim. |
|
September 30, 2019 | 2019-054-079 : WALLACE v. THE STATE OF NEW YORK, # 2019-054-079, Claim No. 121439 Claim dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action ( see Court of Claims Act, § 19 [3]; 22 NYCRR § 206.10 [g]) |
|
September 27, 2019 | 2019-038-113 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-113, Claim No. 125351 |
|
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. |
|
September 23, 2019 | 2019-041-059 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-041-059, Claim No. 128356, Motion No. M-94085 M-94085 Defendant's motion to dismiss claim for lack of subject matter jurisdiction because it fails to adequately state the nature of the claim, as required by Court of Claims Act 11 (b), and fails to state a cause of action, is granted. |
|
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. |
|
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. |
|
September 18, 2019 | 2019-038-112 : GARMLEY v. THE STATE OF NEW YORK, # 2019-038-112, Claim No. 129218 |
|
September 18, 2019 | 2019-038-587 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-587, Claim No. 125351, Motion No. M-94371 M-94371 Defendant's motion to dismiss denied as unnecessary. Claimant's submission, styled as a supplemental claim, merely contained argument in support of the claim. |
|
September 17, 2019 | 2019-058-006 : BAYNE v. THE STATE OF NEW YORK, # 2019-058-006, Claim No. 133169, Motion No. M-94299 M-94299 Defendant's Motion pursuant to CPLR 3211 and Court of Claims Act § 11 (b) granted; Claimant failed to allege any specific negligent act committed by the State that precipitated his injuries |
|
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. |
|
September 13, 2019 | 2019-038-586 : H.S. v. THE STATE OF NEW YORK, # 2019-038-586, Claim No. 132135, Motion Nos. M-94366, M-94388 M-94366, M-94388 Claimant's motions seeking an extension of time to file a reply to defendant's answer denied. The answer asserts no counterclaims and a reply is not authorized. |
|
September 13, 2019 | 2019-058-002 : BEVEL v. THE STATE OF NEW YORK, # 2019-058-002, Claim No. NONE, Motion No. M-93886 M-93886 Motion for permission to serve and file a late Claim pursuant to Court of Claims Act § 10(6) denied |
 |
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 Dismiss on basis Claimant failed to timely serve the Claim in accordance with CCA §§ 10(3) & 11(a)(i) granted. |
|
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. |
|
September 12, 2019 | 2019-040-092 : MOSBY v. STATE OF NEW YORK, # 2019-040-092, Claim No. 121105, Motion No. M-94322 M-94322 Motion to withdraw as counsel granted. |
|
September 11, 2019 | 2019-059-011 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-011, Claim No. 130084 |
|
September 11, 2019 | 2019-053-543 : MAGNO v. THE STATE OF NEW YORK, # 2019-053-543, Claim No. 131696, Motion No. M-94203 M-94203 The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. Claimant's counsel did not file a notice of intention and filed and served the claim more than 90 days after accrual. |
|
September 11, 2019 | 2019-053-542 : O'KIEFFE v. STATE OF NEW YORK, # 2019-053-542, Claim No. 125740, Motion No. M-94205 M-94205 The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. The pro se claimant did not file a notice of intention and failed to serve the Attorney General with a copy of the claim. |
|
September 11, 2019 | 2019-059-010 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-010, Claim No. 130083 |
|
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. |
|
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. |
|
September 10, 2019 | 2019-038-584 : BARRY v. JAMES LAMANNA 'WILLIAM M. BEERS.' JOHN J. TECLE.' 'SERGEANT.' THE STATE OF NEW YORK, # 2019-038-584 , Claim No. 133223, Motion No. M-94350, Cross-Motion No. CM-94491 M-94350 Defendant's motion to dismiss the claim for untimely service on the Attorney General granted. Claimant conceded that the notice of intention failed tom comply with the pleading requirements of Court of Claims Act § 11 (b) and it was therefore insufficient to extend the time to file the claim. Claimant's cross motion for late claim relief denied without prejudice. Claimant failed to attach a copy of the proposed claim to the motion. |
|
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. |
|
September 10, 2019 | 2019-038-585 : WRIGHT v. THE STATE OF NEW YORK, # 2019-038-585, Claim No. 132904, Motion No. M-94156 M-94156 Defendant's motion to dismiss on jurisdictional grounds granted. The claim was served by ordinary mail, not CMRRR. |
|
September 6, 2019 | 2019-053-539 : BRADY v. THE STATE OF NEW YORK, # 2019-053-539, Claim No. 128170, Motion No. M-94208 M-94208 The State's motion to dismiss the claim for lack of jurisdiction is granted and the claim is dismissed. The pro se claimant served the Attorney General with a copy of the claim by regular mail and not by certified mail, return receipt requested. In addition, the claim failed to set forth a date when the alleged claim accrued. |
 |
September 6, 2019 | 2019-038-582 : PINE v. THE STATE OF NEW YORK, # 2019-038-582, Claim No. 132813, Motion Nos. M-94385, M-94386 M-94385, M-94386 Claimant's motion to strike affirmative defenses denied. Claimant failed to demonstrate that the defenses lacked merit as a matter of law. Defendant's motion to dismiss claim for lack of subject matter jurisdiction granted in part and denied in part. The Greene County District Attorney is not a State officer and the claim against it cannot be brought in the Court of Claims. The Greene County Clerk was acting as a State officer because it was serving in its capacity as the clerk of the Green County Court when it allegedly failed to amend a felony indictment improperly naming claimant as the defendant. |
|
September 5, 2019 | 2019-045-024 : SANDERS v. THE STATE OF NEW YORK, # 2019-045-024, Claim No. 132221, Motion No. M-93602, Cross-Motion No. CM-93603 M-93602 Defendant's motion to dismiss pro se inmate's claim due to service by regular mail, however claimant timely re-served the Claim by certified mail, return receipt requested and thus the claim was not dismissed. |
|
September 5, 2019 | 2019-059-009 : CHEVALIER v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES ROAD TEST EXAMINER #702 , # 2019-059-009, Claim No. 133094-A |
|
September 5, 2019 | 2019-058-001 : BUTLER v. THE STATE OF NEW YORK, # 2019-058-001, Claim No. 121941, Motion No. M-93269 M-93269 Motion to compel discovery granted in part; informal request for sanctions denied |
|
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. |
|
August 30, 2019 | 2019-053-536 : ARCE v. CHAUTAUQUA COUNTY FAMILY COURT, JOHN S. WIENCEK, MICHAEL F. GRIFFITH, # 2019-053-536, Claim No. 132855, Motion No. M-93775, Cross-Motion No. CM-93948 M-93775 Pro se claimant's motion to amend claim is denied and the defendants' cross motion to dismiss the claim is granted and the claim is dismissed. Claimant's amended claim sought to review Family Court orders of support. Court of Claims has no authority to determine or review proceedings or rulings of other courts nor does it have jurisdiction over claims against the individually named defendants. |
|
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. |
|
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. |
 |
August 29, 2019 | 2019-015-185 : THOMPSON v. THE STATE OF NEW YORK, # 2019-015-185, Claim No. 132735, Motion No. M-94329 M-94329 Pro se inmate's motion for summary judgment on his claim for wrongful confinement was denied and, upon searching the record, defendant was granted summary judgment dismissing the claim. The regulation relied upon to support the claim was not a due process safeguard and required the exercise of discretion for which the defendant is immune from liability. |
|
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. |
|
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. |
|
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 |