New York State Court of Claims |
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Your query court returned 50 results.
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June 3, 2021 | 2021-054-024 : JONES v. THE STATE OF NEW YORK, # 2021-054-024, Claim No. 135741, Motion No. M-96465 M-96465 The State's unopposed motion to dismiss is granted, Notice of Intention to File a Claim filed untimely. |
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June 3, 2021 | 2021-038-533 : GOMEZ v. STATE OF NEW YORK(1) , # 2021-038-533, Claim No. 136168, Motion No. M-96706 M-96706 Claimant's motion to strike affirmative defenses and for late claim relief granted in part. Claimant demonstrated prima facie that the claim was timely served on the Attorney General and defendant did not refute that showing, and therefore the first and second affirmative defenses, which assert that the Court lacks jurisdiction over the claim due to untimely service on the Attorney General, are stricken from the verified answer. Claimant's application for late claim relief denied as unnecessary. |
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June 2, 2021 | 2021-053-516 : HUBER v. STATE OF NEW YORK, # 2021-053-516, Claim No. 131698, Motion No. M-96347 M-96347 The State's motion for summary judgment is denied in a claim for injuries that resulted when claimant tripped and fell on a portion of a sign protruding from the sidewalk area. Issues of fact exist as to whether Highway Law 46 obligated the Village of Williamsville to maintain that area where the incident occurred. The State's motion to strike certain injuries as beyond that alleged in the claim is also denied. |
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May 27, 2021 | 2021-053-524 : BAKHCHOUCH v. STATE OF NEW YORK, # 2021-053-524, Claim No. 133398, Motion No. M-96558 M-96558 Pro se claimant brought a claim alleging damages for the State's failure to permit him to participate in Ramadan Fasting during his incarceration. The State's motion to dismiss the claim for lack of jurisdiction as untimely served is granted. The Court also finds that the claim must be dismissed for a lack of subject matter jurisdiction as Correction Law 610 does not provide for a cause of action for money damages in the Court of Claims. |
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May 27, 2021 | 2021-015-055 : RANDOLPH v. STATE OF NEW YORK, # 2021-015-055, Claim No. 129531, Motion No. M-96699 M-96699 Claimant's motion to reargue and renew this Court's prior determination granting defendant's summary judgment motion was denied. That branch of the motion seeking to reargue was previously denied and is therefore law of the case and that branch of claimant's motion for renewal based on new evidence was denied as meritless. |
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May 27, 2021 | 2021-015-057 : WILLIAMS v. THE STATE OF NEW YORK, # 2021-015-057, Claim No. 132169, Motion No. M-96766, Cross-Motion No. CM-96789 M-96766 Claimant's motion in limine to preclude certain hearsay at trial was granted and cross motion to preclude cumulative and allegedly irrelevant testimony was denied, with leave to renew, at the time of trial. |
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May 27, 2021 | 2021-054-022 : CARVER v. THE STATE OF NEW YORK, # 2021-054-022, Claim No. 132905, Motion No. M-96471 M-96471 Motion to dismiss granted, improper service |
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May 26, 2021 | 2021-015-053 : FREEMAN v. STATE OF NEW YORK, # 2021-015-053, Claim No. 129642, Motion No. M-96700 M-96700 Motion to reargue prior Decision and Order denying claimant's motion for partial summary judgment and for a stay of the trial pending appeal was denied as lacking in merit. |
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May 26, 2021 | 2021-015-051 : BAMMANN v. THE STATE OF NEW YORK, # 2021-015-051, Claim No. 133219, Motion No. M-96634 M-96634 Defendant's motion for summary judgment dismissing a claim alleging negligent highway design was granted, without opposition, on the ground of qualified immunity. |
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May 25, 2021 | 2021-053-525 : HILL v. STATE UNIVERSITY OF NEW YORK, ALFRED STATE COLLEGE OF TECHNOLOGY, # 2021-053-525, Claim No. 131591, Motion No. M-96329 M-96329 Defendant Alfred State College's motion for summary judgment of a claim alleging breach of contract and creating a hostile work environment in violation of Executive Law 296 (1)(a) is granted and the claim is dismissed. |
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May 25, 2021 | 2021-015-052 : MURNANE v. STATE OF NEW YORK, # 2021-015-052, Claim No. 133935, Motion No. M-96655 M-96655 Motion to admit attorney pro hac vice was granted. |
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May 18, 2021 | 2021-040-017 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2021-040-017, Claim No. 132831, Motion Nos. M-96378, CM-96499 M-96378, CM-96499 Pro se Claimant's Motion for Summary Judgment denied and State's Cross-Motion for Summary Judgment dismissing the Claim granted. |
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May 18, 2021 | 2021-054-019 : GUZMAN v. THE STATE OF NEW YORK, # 2021-054-019, Claim No. NONE, Motion No. M-96355 M-96355 Late claim application denied, movant failed to submit a proposed claim as mandated by Court of Claims Act § 10 (6). |
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May 18, 2021 | 2021-028-518 : TALISAYSAY v. THE STATE OF NEW YORK, # 2021-028-518, Claim No. 133288, Motion No. M-96547, Cross-Motion No. CM-96607 M-96547 |
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May 18, 2021 | 2021-015-049 : KALOYEROS v. STATE OF NEW YORK, # 2021-015-049, Claim No. 135708, Motion No. M-96422, Cross-Motion No. CM-96580 M-96422 Claim alleging the violation of the State University of New York's patent policy was dismissed as untimely and cross motion for leave to file and serve a late claim was granted. |
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May 17, 2021 | 2021-041-029 : SANTOS v. THE STATE OF NEW YORK, # 2021-041-029, Claim No. 128706, Motion No. M-96209 M-96209 Claimant's motion to compel production of disciplinary records and security classifications of fellow inmates who allegedly assaulted claimant, together with records of gang affiliations and records of other inmate-on-inmate assaults in |
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May 15, 2021 | 2021-032-048 : CAPERS v. STATE OF NEW YORK, # 2021-032-048, Claim No. NONE, Motion No. M-96287 M-96287 Motion to treat notice of intention as a claim pursuant to Court of Claims Act § 10 (8) is granted.Motion for late claim relief denied. |
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May 14, 2021 | 2021-054-016 : CARL v. ADA JULIA CORNACHIO, WESTCHESTER COUNTY SUPREME COURT, DON GLO TOWING, YONKERS, NY, # 2021-054-016, Claim No. 132325, Motion No. M-96297 M-96297 Court's Order to Show Cause, claim was not served upon the State, no jurisdiction, Court of Claims Act §§ 10 and 11 |
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May 13, 2021 | 2021-038-531 : MANKO v. THE STATE OF NEW YORK, # 2021-038-531, Claim No. 134802, Motion No. M-96387 M-96387 Defendant's pre-answer motion to dismiss the claim granted. Absolute judicial immunity applies to action of the Chief Clerk of the court of Appeals in rejecting claimant's filing in that court. Defendant's request that claimant be enjoined from filing any further claims in the Court of Claims without leave of court denied, as defendant has failed to demonstrate a pattern of frivolous litigation justifying the imposition of such sanction. |
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May 13, 2021 | 2021-041-028 : P.R.B. v. STATE OF NEW YORK, # 2021-041-028, Claim No. 129945, Motion No. M-96554 M-96554 Defendant's motion pursuant to CPLR 2201 for a stay of proceedings pending resolution of defendant's appeal of the Court's Decision and Order denying defendant's motion for summary judgment dismissing the claim is denied where defendant fails to show a likelihood that the Court's Decision and Order will be reversed on appeal, has not demonstrated that it will be specifically prejudiced by a denial of its request for a stay and the claimant has a presumptive right to have her claim heard as expeditiously as practicable. |
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May 11, 2021 | 2021-058-015 : HAPP v. STATE OF NEW YORK, # 2021-058-015, Claim No. 132456 Following trial, Court finds the State 50% responsible for Claimant's injuries and Claimant 50% responsible for his injuries; the State failed to provide Claimant, an inmate, with reasonably safe equipment to cut boards and failed to properly supervise Claimant in the use of the equipment; However, Claimant failed to use ordinary care in cutting the board despite years of experience doing so; Claimant's conduct was not a superseding cause barring recovery. |
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May 11, 2021 | 2021-038-530 : BEAMON v. GREENE CORRECTIONAL FACILITY, # 2021-038-530, Claim No. 131399, Motion No. M-96374 M-96374 Defendant's motion to dismiss the claim granted. Claim was untimely filed and served more than 90 days after it accrued. |
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May 10, 2021 | 2021-038-101 : McGRIFF v. THE STATE OF NEW YORK, # 2021-038-101, Claim No. 126886 |
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May 10, 2021 | 2021-038-529 : GENTHNER v. THE STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF TRANSPORTATION, # 2021-038-529, Claim No. 134528, Motion No. M-96658 M-96658 Motion to substitute bankruptcy trustee as claimant granted on the ground that the trustee is the only individual with the capacity to prosecute this claim on behalf of claimant who has declared bankruptcy. |
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May 10, 2021 | 2021-041-027 : ROBINSON v. THE STATE OF NEW YORK, # 2021-041-027, Claim No. 128176, 128325, Motion No. M-96545 M-96545 Claimant's motion to compel production of Department of Correction and Community Supervision records and video evidence in inmate claim alleging correction officer assault/use of excessive force against inmate is granted as limited by the Court. |
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May 7, 2021 | 2021-032-046 : SALVA v. STATE OF NEW YORK, # 2021-032-046, Claim No. 133109, 133110, Motion No. M-95200 M-95200 Motion to compel responses to discovery demands is moot where defendant already served responses. |
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May 7, 2021 | 2021-032-047 : RENDT v. STATE OF NEW YORK(1) , # 2021-032-047, Claim No. NONE, Motion No. M-96286 M-96286 Motion to treat notice of intention as a claim pursuant to Court of Claims Act § 10 (8) is granted. |
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May 6, 2021 | 2021-015-048 : MURPHY v. THE STATE OF NEW YORK, # 2021-015-048, Claim No. 134353, Motion No. M-96626 M-96626 Claim was dismissed for lack of service of the claim. Prior Decision and Order which denied defendant's prior motion for dismissal because it was not served on the claimant did not preclude another properly served motion on the same grounds. |
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May 5, 2021 | 2021-054-015 : MERCADO v. N.Y.S. DEPARTMENT OF CORRECTION; W. Lee, individually and in his official capacity as Superintendent of E.C.F.; Mr. Brady, individually and in his official capacity as Sgt. Brady; Mr. McMenemy, individually and in his official capacity Lt. McMenemy; and John Does 1-3, individually and in their official capacity, # 2021-054-015, Claim No. 133029, Motion No. M-96218 M-96218 Defendant's motion to dismiss granted- failure to state a cause of action (CPLR 32111 [a] [7]) |
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May 3, 2021 | 2021-038-527 : STERLING INSURANCE v. THE STATE OF NEW YORK, # 2021-038-527, Claim No. 134871, Motion No. M-96515 M-96515 Order to Show Cause with respect to lack of service on the Attorney General vacated. Defendant conceded that the claim was served. |
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May 3, 2021 | 2021-038-525 : JACOBS v. STATE OF NEW YORK, # 2021-038-525, Claim No. 132358, Motion No. M-96494 M-96494 Defendant's unopposed motion for a protective order granted on the grounds that disclosure of the subject documents would likely compromise the safety and security of the correctional facility and were irrelevant. |
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May 3, 2021 | 2021-038-526 : CURRY v. THE STATE OF NEW YORK, # 2021-038-526, Claim No. 135487, Motion No. M-96509 M-96509 Claimant's motion for summary judgment denied, without prejudice to renewal, for failure to submit any of the pleadings in support of the motion. |
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May 3, 2021 | 2021-032-045 : DANIELS v. THE COUNTY OF NEW YORK, # 2021-032-045, Claim No. 135361, Motion No. M-96263 M-96263 Motion to dismiss granted. Claim is untimely and the Court lacks jurisdiction over the Manhattan Detention Center. |
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May 3, 2021 | 2021-032-044 : SCOTTO v. STATE OF NEW YORK(1) , # 2021-032-044, Claim No. 135113, Motion No. M-96463 M-96463 The Court dismisses the claim sua sponte for lack of subject matter jurisdiction. |
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April 30, 2021 | 2021-054-006 : SERVIDONE v. THE STATE OF NEW YORK, # 2021-054-006, Claim No. 124043 Significant change in the scope and character of the work under the terms of the contract entitled claimant to additional compensation |
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April 29, 2021 | 2021-041-026 : VIDAL v. THE STATE OF NEW YORK, # 2021-041-026, Claim No. 134856, Motion No. M-96596 M-96596 Claimant's motion for summary judgment in wrongful confinement action based upon disciplinary determination which was reversed in Article 78 proceeding is denied where claimant fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's violation of disciplinary hearing regulations; issue of fact exists as to whether claimant suffered prejudice at the disciplinary hearing due to defendant's violation of disciplinary hearing regulation. |
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April 29, 2021 | 2021-038-523 : RIVIECCIO v. THE STATE OF NEW YORK, # 2021-038-523, Claim No. 133077, Motion No. M-96552 M-96552 Claimant's motion for summary judgment on the issue of liability denied. Claimant failed to establish prima facie that defendant created a dangerous condition. Claimant's motion to strike the second affirmative defense raised in defendant's answer denied on the ground that claimant failed to prove that defendant was the only culpable party and that eh affirmative defense as to comparative negligence lacked merit as a matter of law. |
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April 29, 2021 | 2021-041-501 : APHOLZ v. THE STATE OF NEW YORK, # 2021-041-501, Claim No. 130208 Defendant is found 100% liable after trial due to supervisory correction officer's use of excessive force causing injuries to inmate. Evidence showed that the use of force was employed to further the penological objective of maintaining order and discipline in correctional facility rather than for correction officer's personal bias or other wholly personal motive and the use of force was employed within the scope of the officer's duties and employment. |
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April 29, 2021 | 2021-038-524 : JACKS v. THE STATE OF NEW YORK, # 2021-038-524, Claim No. 134345, Motion No. M-96482 M-96482 Claimant's motion to compel disclosure and for sanctions denied. Although defendant's failure to respond to the discovery demands was inexcusable, the information sought therein was more properly sought in a bill of particulars, and defendant's inaction, under these circumstances, did not rise to the level of sanctionable conduct. |
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April 29, 2021 | 2021-015-044 : Pinkney and Kennedy v. STATE OF NEW YORK, # 2021-015-044, Claim No. 135251, Motion No. M-96325 M-96325 Defendant's motion for dismissal of the claim alleging damages for SUNY's decision to transition to online teaching for the Spring 2021 semester due to the COVID19 Pandemic was granted and the claim was dismissed. To the extent the claim alleged a putative class action on behalf of unnamed claimants, it failed to meet the jurisdictional pleading requirements of Court of Claims Act § 11 (b). In addition, the claim failed to set forth promises for in-person instruction that were sufficiently specific to require reparation if the benefit were lost. |
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April 29, 2021 | 2021-028-517 : HOME DEPOT v. THE STATE OF NEW YORK, # 2021-028-517, Claim No. 135210, Motion No. M-96384, Cross-Motion No. CM-96493 M-96384 |
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April 28, 2021 | 2021-032-043 : QUINLAN v. STATE OF NEW YORK, # 2021-032-043, Claim No. 134177, Motion No. M-96300 M-96300 The claim is dismissed. Defendant does not operate, manage or maintain location within Hudson River Park where accident occurred. |
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April 27, 2021 | 2021-032-041 : BARRETO v. STATE OF NEW YORK, # 2021-032-041, Claim No. 134312, Motion No. M-95377 M-95377 Motion to dismiss granted. New York City Administrative Code § 7-210 establishes that liability lies only with the City of New York as the landowner of the property abutting the sidewalk where injuries occurred. |
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April 27, 2021 | 2021-032-042 : ALEXANDER v. STATE OF NEW YORK, # 2021-032-042, Claim No. 130004, Motion No. M-95875 M-95875 Claim for conscious pain and suffering is dismissed as untimely. The wrongful death cause of action is dismissed for failure to comply with Court of Claims Act § 11 (b). |
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April 26, 2021 | 2021-015-046 : AFP 107 Corp. v. CITY UNIVERSITY OF NEW YORK, # 2021-015-046, Claim No. NONE, Motion No. M-96585 M-96585 Late claim motion alleging breach of contract for hotel fees was granted. |
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April 26, 2021 | 2021-015-042 : GURVEY v. STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2021-015-042, Claim No. 135611, Motion No. M-96316, Cross-Motion No. CM-96570 M-96316 Claim arising under the federal patent law was dismissed for lack of jurisdiction. Claim alleging an unconstitutional |
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April 23, 2021 | 2021-015-047 : TERRENCE v. THE STATE OF NEW YORK, # 2021-015-047, Claim No. 123924, Motion No. M-96623 M-96623 Claimant's motion to reargue trial decision dismissing his claim was denied. A motion to reargue is an improper procedural vehicle to seek vacatur of a trial decision which, in any event, was lacking in merit. |
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April 22, 2021 | 2021-041-025 : EAGAN v. THE STATE OF NEW YORK, # 2021-041-025, Claim No. 135962, Motion No. M-96595 M-96595 Claim alleging medical malpractice is dismissed for lack of subject matter jurisdiction where claimant's medical/surgical treatment was performed by privately employed surgeon and employees at private hospital. |
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April 22, 2021 | 2021-015-045 : LEWIS v. STATE OF NEW YORK, # 2021-015-045, Claim No. 135803, Motion No. M-96467 M-96467 Wrongful confinement claim was dismissed as untimely. |
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April 21, 2021 | 2021-032-040 : FALCO v. STATE OF NEW YORK(1) , # 2021-032-040, Claim No. 135409, Motion No. M-96106 M-96106 Claim dismissed as untimely. |