New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

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: 626 April 12, 2017 2017-032-003 : MANCUSI v. THE STATE OF NEW YORK, # 2017-032-003, Claim No. 125059 
Following a trial, claim alleging defendant's failure to properly maintain a walkway at a correctional facility is dismissed.
Score: 555 March 28, 2017 2017-041-024 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-041-024, Claim No. 122187, Motion No. M-89503 M-89503
Claimant's motion to strike defendant's answer for failing to comply with the Court's prior Decision and Order regarding disclosure is denied where defendant has substantially complied with the prior Decision and Order.
Score: 626 March 27, 2017 2017-041-023 : FLORES v. THE STATE OF NEW YORK, # 2017-041-023, Claim No. 123659, Motion No. M-89484 M-89484
Inmate/claimant's second motion to compel production of records and documents, and answers to interrogatories, in claim alleging assault by correction employees, is denied in part and granted in part.
Score: 626 March 27, 2017 2017-041-502 : LIERE v. THE STATE OF NEW YORK, # 2017-041-502, Claim No. 116203 
Malicious prosecution claim based, in part, upon CPLR Article 78 annulment of New York State Department of Environmental Conservation (DEC) administrative determination finding claimant in violation of DEC regulations is dismissed after trial where claimant fails to prove by a preponderance of the evidence that civil administrative proceeding initiated by DEC lacked probable cause and further failed to prove that DEC acted with malice in commencing and continuing the proceeding.
Score: 498 March 23, 2017 2017-030-004 : MONTANEZ v. THE STATE OF NEW YORK, # 2017-030-004, Claim No. 125895 
Score: 613 March 22, 2017 2017-040-033 : PATTERSON v. THE STATE OF NEW YORK, # 2017-040-033, Claim No. 128331, Motion No. M-89652 M-89652
Claimant's Motion to compel a response to his Notice for Discovery & Inspection granted in part.
Score: 537 March 20, 2017 2017-032-013 : 397 REALTY v. THE STATE OF NEW YORK, # 2017-032-013, Claim No. 128545, Motion No. M-89510 M-89510
Defendant's motion to dismiss is granted, as claimant did not serve a notice of intention to file a claim within 90 days of accrual.
Score: 347 March 17, 2017 2017-015-627 : TAFARI v. THE STATE OF NEW YORK, # 2017-015-627, Claim No. 121771 
Pro se inmate failed to prove his excessive force claim by a preponderance of the credible evidence.
Score: 347 March 17, 2017 2017-015-622 : BOGGS v. THE STATE OF NEW YORK, # 2017-015-622, Claim No. 121796A 
Pro se inmate failed to prove by a preponderance of the credible evidence at trial that the sewage back-up near his cell constituted cruel and inhuman conditions so as to give rise to a cause of action under the NYS Constitution.
Score: 648 March 17, 2017 2017-029-010 : ORDENTLICH v. THE STATE OF NEW YORK, # 2017-029-010, Claim No. NONE, Motion No. M-89773 M-89773
Claimant's motion for leave to amend timely served notice of intention by adding a verification was granted pursuant to Court of Claims Act 9(8) and CPLR 2001. The court found that the failure to verify a notice of intention or a pleading is not an incurable jurisdictional defect.
Score: 299 March 17, 2017 2017-015-623 : BROWN v. THE STATE OF NEW YORK, # 2017-015-623, Claim No. 120894 
Pro se inmate's claim alleging wrongful confinement arising from a disciplinary hearing was dismissed following trial as claimant failed to establish a violation of a due process safeguard so as to overcome absolute immunity that otherwise attaches and failed to establish that the result would likely have been different had no errors occurred.
Score: 149 March 16, 2017 2017-015-626 : KEARNS v. THE STATE OF NEW YORK, # 2017-015-626, Claim No. 117113 
Pro se inmate failed to prove his bailment claim by a preponderance of the credible evidence
Score: 449 March 15, 2017 2017-041-021 : GOURDINE v. THE STATE OF NEW YORK, # 2017-041-021, Claim No. 125849, Motion No. M-89713 M-89713
Claim served by regular mail and amended claim served more than ninety days after accrual are each jurisdictionally defective and are dismissed.
Score: 236 March 15, 2017 2017-015-624 : SUMMA v. THE STATE OF NEW YORK, # 2017-015-624, Claim No. 114048 
Pro se inmate's claim for medical malpractice was dismissed following trial as he failed to present expert medical evidence demonstrating a deviation from the applicable standard of care.
Score: 626 March 13, 2017 2017-041-020 : WILKES v. THE STATE OF NEW YORK, # 2017-041-020, Claim No. 128895, Motion No. M-89725 M-89725
Claim alleging that defendant negligently denied the inmate/claimant visitation with his children is dismissed for lack of subject matter jurisdiction and failure to state a cause of action where claimant successfully pursued administrative remedy and had adequate remedy in CPLR Article 78.
Score: 498 March 13, 2017 2017-041-019 : JOE v. THE STATE OF NEW YORK, # 2017-041-019, Claim No. 123355, Motion No. M-88184 M-88184
Claimant's motion for summary judgment as to defendant's Labor Law 240 (1) liability is granted where uncontradicted ed facts show that claimant was injured while engaged in a statutorily covered activity when he fell approximately 6 feet from a mobile scaffold to the ground when a wheel became detached from the scaffold as the scaffold was being moved by co-workers and proof showed that Labor Law 240 (1) violation was a proximate cause of the accident.
Score: 626 March 10, 2017 2017-032-011 : PURDIE v. THE STATE OF NEW YORK, # 2017-032-011, Claim No. 126555, Motion No. M-89186, Cross-Motion No. CM-89418 M-89186
The State's motion to dismiss is denied based upon claimant's service of a notice of intention apprising defendant of his cause of action.
Score: 737 March 8, 2017 2017-032-007 : MITCHELL v. THE STATE OF NEW YORK, # 2017-032-007, Claim No. 128802, Motion No. M-89710, Cross-Motion No. CM-89766 M-89710
Defendant's motion to dismiss for lack of subject matter jurisdiction is granted, and claimant's cross motion is denied as moot.
Score: 388 March 3, 2017 2017-041-012 : TORRES v. THE STATE OF NEW YORK, # 2017-041-012, Claim No. 121737, Motion No. M-89900 M-89900
Defendant's motion to dismiss untimely wrongful confinement claim is granted.
Score: 299 March 3, 2017 2017-050-009 : YOUNG v. THE STATE OF NEW YORK, # 2017-050-009, Claim No. 123065, Motion No. M-89690 M-89690
Claimant's motion to strike defendant's answer and for an order of summary judgment is denied. The motion is defective pursuant to CPLR 3212(b), and does not establish a prima facie case of defendant's liability.
Score: 537 March 2, 2017 2017-032-010 : HUBBARD v. THE STATE OF NEW YORK, # 2017-032-010, Claim No. 120152, Motion No. M-86994 M-86994
Claimant's motion to compel, insofar as it seeks an in camera review of certain employee records, is granted.
Score: 648 March 2, 2017 2017-041-501 : RUSSELL v. THE STATE OF NEW YORK, # 2017-041-501, Claim No. 122825 
Claim alleging that defendant New York State Police conducted illegal roadside search of motorist stopped for traffic violation is dismissed after trial where evidence showed that search was based upon probable cause and was reasonable in scope, manner and time.
Score: 475 March 2, 2017 2017-040-032 : BROWN v. THE STATE OF NEW YORK, # 2017-040-032, Claim No. 120236, Motion Nos. M-89655, M-89656 M-89655, M-89656
Pro se Claimant's Motions for issuance of subpoenas to have an inmate and CO testify at Trial denied as proposed subpoenas not submitted.
Score: 704 March 1, 2017 2017-040-026 : CARTER WILLIAMS v. THE STATE OF NEW YORK, # 2017-040-026, Claim No. 122324, Motion No. M-89700 M-89700
Claim dismissed as Claim was not timely served upon Defendant in accord with CCA 10 & 11(a)(i).
Score: 648 March 1, 2017 2017-040-029 : COBB v. THE STATE OF NEW YORK, # 2017-040-029, Claim No. NONE, Motion No. M-89758 M-89758
Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 744 March 1, 2017 2017-040-027 : ALPERT v. THE STATE OF NEW YORK, # 2017-040-027, Claim No. 128144, Motion No. M-89054, Cross-Motion No. CM-89383 M-89054
State's Motion to dismiss Claim on grounds Claim is not stated with particularity as required by CCA 11(b) granted. Cross-Motion to serve and file a Claim late pursuant to CCA 10(6) denied without prejudice.
Score: 678 March 1, 2017 2017-040-030 : MITCHELL v. THE STATE OF NEW YORK, # 2017-040-030, Claim No. 127618, Motion No. M-89224, Cross-Motion No. CM-89397 M-89224
Claimant's Motion to strike Answer and for summary judgment denied. State's Cross-Motion to to dismiss defamation as barred by statute of limitations granted. Cross-Motion to dismiss negligence cause of action denied.
Score: 678 March 1, 2017 2017-040-031 : BOUCHET v. THE STATE OF NEW YORK, # 2017-040-031, Claim No. 125597, Motion No. M-88757 M-88757
Claim dismissed as untimely served. CCA 10 & 11(a)(i).
Score: 613 March 1, 2017 2017-040-028 : ALSAIFULLAH v. THE STATE OF NEW YORK, # 2017-040-028, Claim No. 128637, Motion No. M-89562 M-89562
State's pre-Answer Motion to Dismiss Claim, alleging Claimant's religious rights were violated as he was not allowed to practice his faith, for lack of subject matter jurisdiction granted.
Score: 555 March 1, 2017 2017-029-007 : RUSHTON v. THE STATE OF NEW YORK, # 2017-029-007, Claim No. 121887 
The court held a trial on liability for injuries sustained in 2012 by a father and daughter in the Old Croton Aqueduct State Historic Park when a tree broke apart during a storm and fell on them. The court found defendant not liable for negligence and dismissed the claim after finding claimant failed to submit prima facie evidence that the State had prior actual or constructive notice of a defective condition in the tree.
Score: 722 February 27, 2017 2017-040-023 : FRASER v. THE STATE OF NEW YORK, # 2017-040-023, Claim No. 127919, Motion No. M-89416 M-89416
Notice of Intent not timely served in accordance with Court of Claims Act 10(3) and 11(a)(i) so did not extend time to serve and file Claim. Therefore, Claim untimely and dismissed.
Score: 449 February 27, 2017 2017-040-024 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-040-024, Claim No. 118552, Motion No. M-89387 M-89387
Claimant's third Motion to Amend his Claim denied.
Score: 570 February 27, 2017 2017-032-008 : SIMPSON v. THE STATE OF NEW YORK, # 2017-032-008, Claim No. 128136, Motion No. M-89358 M-89358
Claimant's attorney's motion for permission to withdraw as counsel is granted.
Score: 670 February 27, 2017 2017-040-021 : GIAMICHAEL v. THE STATE OF NEW YORK, # 2017-040-021, Claim No. NONE, Motion No. M-89447 M-89447
Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 420 February 27, 2017 2017-040-025 : HARRISON v. THE STATE OF NEW YORK, # 2017-040-025, Claim No. 128702, Motion No. M-89461 M-89461
State's pre-Answer Motion to Dismiss Claim as premature granted.
Score: 648 February 27, 2017 2017-040-022 : MORGAN v. THE STATE OF NEW YORK, # 2017-040-022, Claim No. 128590, Motion No. M-89408 M-89408
Notice of Intent not timely served in accordance with Court of Claims Act 10(3) and 11(a)(i) so did not extend time to serve and file Claim. Therefore, Claim untimely and dismissed.
Score: 722 February 27, 2017 2017-032-006 : BARROW v. THE STATE OF NEW YORK, BROOKLYN BRIDGE PARK DEVELOPMENT CORPORATION AND NEW YORK STATE URBAN DEVELOPMENT CORPORATION d/b/a EMPIRE STATE DEVELOPMENT CORPORATION, # 2017-032-006, Claim No. None, Motion No. M-89289 M-89289
Movant's motion for late claim relief pursuant to Court of Claims Act 10 (6) is denied insofar as it seeks damages from public benefit corporations, but granted insofar as it seeks damages from the State of New York.
Score: 613 February 27, 2017 2017-032-001 : SERRANO v. THE STATE OF NEW YORK, # 2017-032-001, Claim No. 122759 
Following a unified trial assessing both liability and damages, the Court awarded claimant $15,000 for defendant's failure to timely diagnose and treat his heart attack.
Score: 626 February 27, 2017 2017-029-009 : ACKRIDGE v. THE STATE OF NEW YORK, # 2017-029-009, Claim No. 127610 
Pro se claimant sought reimbursement for the cost of personal property confiscated by a state trooper during his arrest, expenses incurred for storage of an impounded car, and related travel expenses. After a trial on liability at which claimant represented himself, the court found defendant not liable and dismissed the claim.
Score: 518 February 24, 2017 2017-050-005 : ROSELLO v. THE STATE OF NEW YORK, # 2017-050-005, Claim No. 126325, Motion No. M-89259 M-89259
The instant claim fails to satisfy the strict pleading requirements of Court of Claims Act 11(b) and defendant's motion to dismiss is therefore granted.
Score: 722 February 22, 2017 2017-041-009 : FABIANO v. THE STATE OF NEW YORK, # 2017-041-009, Claim No. 120451, Motion Nos. M-89685, M-89837 M-89685, M-89837
Defendant's motion to hold nonparty Workers' Compensation Board in contempt for failure to comply with subpoena to testify at collateral source hearing is denied where subpoena was unsigned and witness fee and traveling expenses were not tendered in advance of return date of subpoena; nonparty workers' compensation benefits administrator's motion to quash subpoena to testify at collateral source hearing is granted where benefits administrator's obligation to pay future medical expenses of claimant is statutorily exempt from consideration as a collateral source and irrelevant to the issues before the court in the collateral source hearing.
Score: 659 February 22, 2017 2017-041-010 : CLARK v. THE STATE OF NEW YORK, # 2017-041-010, Claim No. 127573, Motion No. M-88332, Cross-Motion No. CM-89632 M-88332
Claim is dismissed where Court lacks jurisdiction over claim which fails to adequately state the nature of the claim, as required by Court of Claims Act 11 (b); claimant's cross-motion is denied as moot.
Score: 815 February 22, 2017 2017-040-020 : OXLEY v. THE STATE OF NEW YORK, # 2017-040-020, Claim No. 116264, Motion No. M-89583 M-89583
Claim dismissed pursuant to CPLR 1021 as no representative of Claimant's Estate has been appointed and substituted as Claimant to prosecute this action.
Score: 696 February 21, 2017 2017-041-007 : VOLZ v. THE STATE OF NEW YORK, # 2017-041-007, Claim No. 118996, Motion No. M-88940, Cross-Motion No. CM-89544 M-88940
Defendant's motion to dismiss claim for lack of subject matter jurisdiction based upon the exclusivity provisions of the Workers' Compensation Law and for failure to adequately state injuries is denied: Workers' compensation as an exclusive remedy is a defense raised by answer or motion and its potential applicability as a defense to claim does not deprive Court of Claims of subject matter jurisdiction; notice of intention and claim adequately stated claimant's injuries; defendant's motion to dismiss claim is treated as motion to amend answer to add workers' compensation defense and is denied as meritless; claimant's cross-motion to amend claim to assert inapplicability of workers' compensation defense is granted.
Score: 537 February 15, 2017 2017-050-004 : SULLIVAN v. THE STATE OF NEW YORK, # 2017-050-004, Claim No. 125955, Motion No. M-89476 M-89476
Defendant's motion to dismiss the claim is granted. Claimant has not provided the Court with any information concerning his new address, that is, upon or following his release from incarceration.
Score: 236 February 14, 2017 2017-041-006 : FRANKLINE v. THE STATE OF NEW YORK, # 2017-041-006, Claim No. 128525, Motion No. M-89606, Cross-Motion No. CM-89660 M-89606
Claimant's motion for permission to serve and file an amended claim as to his medical malpractice cause of action is granted; claimant's motion to dismiss affirmative defense asserting untimeliness of claimant's assault cause of action is denied and defendant's cross-motion to dismiss assault cause of action as untimely is granted.
Score: 537 February 10, 2017 2017-040-019 : L.V. v. THE STATE OF NEW YORK, # 2017-040-019, Claim No. NONE, Motion No. M-89165 M-89165
Motion to late file a claim pursuant to CCA 10(6) denied as Movant lacks legal capacity to commence action on behalf of daughter and daughter appears to have a legal disability pursuant to CCA 10(5) to toll the statute of limitations.
Score: 498 February 9, 2017 2017-041-005 : TUITT v. THE STATE OF NEW YORK, # 2017-041-005, Claim No. 127760, Motion No. M-89550 M-89550
Claimant's motion for a preliminary injunction is denied.
Score: 637 February 7, 2017 2017-032-005 : TAORMINA v. THE STATE OF NEW YORK, # 2017-032-005, Claim No. None, Motion No. M-88891 M-88891
Movant's motion for late claim relief pursuant to Court of Claims Act 10 (6) is granted.