New York State Court of Claims

New York State Court of Claims

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Score: 757 March 6, 2020 2020-058-026 : COOK v. STATE OF NEW YORK, # 2020-058-026, Claim No. 124204, Motion Nos. M-95154, M-95266, Cross-Motion No. CM-95279 M-95154, M-95266
Claimant's motion for leave to renew his prior motion to strike Defendant's answer is granted and, upon renewal, the Court adhered to its prior determination denying the motion; Defendant's motion for summary judgment dismissing negligent supervision claim for failure to state a cause of action granted; Claimant's cross motion to compel denied as moot.
Score: 498 February 27, 2020 2020-015-028 : GORIS v. STATE OF NEW YORK, # 2020-015-028, Claim No. 133216, Motion No. M-95047 M-95047
Defendant's motion to dismiss the claim for improper service was granted.
Score: 659 February 25, 2020 2020-038-522 : WALKER v. THE STATE OF NEW YORK, # 2020-038-522, Claim No. 126300, Motion No. M-95032 M-95032
Defendant's unopposed motion to dismiss the claim granted. The notice of intention failed to allege the place where the claim arose and thus failed to comply with the pleading requirement of Court of Claims Act § 11 (b) and did not extend the time to file and serve the claim.
Score: 648 February 13, 2020 2020-038-517 : D.G. v. THE STATE OF NEW YORK, # 2020-038-517, Claim No. None, Motion No. M-94382 M-94382
Claimant's motion to treat a notice of intention to file a claim as the claim denied as untimely.
Score: 449 February 13, 2020 2020-029-020 : BARNES v. THE STATE OF NEW YORK, # 2020-029-020, Claim No. 129722 
After a video trial on the pro se claim for wrongful confinement at Shawangunk Correctional Facility in 2017, the court found the State liable for the period of 15 days past administrative reversal of claimant's Superintendent Hearing and expungement of his record. The court awarded claimant $10.00 per day for a total of $150.00.
Score: 856 February 10, 2020 2020-058-015 : REID v. STATE OF NEW YORK, # 2020-058-015, Claim No. 117689 
Claim dismissed pursuant to Court of Claims Act § 19 (3) for Claimant's failure to prosecute decade-old Claim.
Score: 670 February 6, 2020 2020-058-011 : VANDENBURG v. STATE OF NEW YORK, # 2020-058-011, Claim No. 128742 
After trial, Claim alleging bailment dismissed; Claimant failed to present proof in admissible forms to satisfy his burden of establishing that the alleged lost property was delivered to DOCCS. Decision Claimant Joseph VanDenburg, a pro se inmate in the custody of the Department of Corrections and Community Supervision (DOCCS), seeks damages for the alleged loss and/or destruction of his property, namely, two packages of Tony Roma pulled pork and 12 12-ounce cans of Mountain Dew while incarcerated at Mid-State Correctional Facility. The trial of this Claim was conducted by videoconference on January 16, 2020 (1) , with the parties appearing at Marcy Correctional Facility and the Court presiding in Albany, New York. Claimant testified on his own behalf; Defendant called one witness. Claimant offered two exhibits. Claimant's Exhibit 1, an affidavit annexed to his Claim, was rejected by the Court as improper hearsay evidence sustaining Defendant's objection. (2) Claimant's second exhibit, a receipt from Walmart, was part of Defendant's Exhibit A (3) and received into evidence as Defendant's Exhibit A-4. (4) Defendant offered one exhibit which was received into evidence over Claimant's objection. The Court offered two exhibits that were received into evidence over Claimant's objection. At the conclusion of Claimant's case and trial, Defendant moved for judgment as a matter of law. After considering all testimony and evidence received at trial and reviewing the applicable law and arguments made by the parties, the Court dismisses the Claim. FACTS Claimant testified his mother, Toni Martin VanDenburg, visited him at Mid-State Correctional Facility on August 14, 2016. On that date, Claimant stated his mother informed him that she brought a package which purportedly included, among other things, 12 cans of Mountain Dew soda and two packages of Tony Roma pulled pork. Claimant testified he never received the soda or pulled pork. Claimant offered Exhibit A-4 into evidence without objection by defense, which is a receipt from Walmart on August 11, 2016 indicating Mountain Dew soda and pulled pork was purchased, among other items. Claimant did not call any witnesses. Claimant attempted to offer into evidence an affidavit, marked as Exhibit 1 for identification, from Toni Martin VanDenburg in lieu of testimony. Defendant objected to the receipt of Exhibit 1 as hearsay, which the Court sustained. Claimant stated he wished to call a witness, but did not make arrangements via subpoena or otherwise, to secure the attendance of any witness. Addressing Claimant's agitation, the Court reminded Claimant he was provided sufficient notice of the trial and instructions regarding the issuance of subpoenas. (5) Claimant rested his case, at which time Defendant made a motion to dismiss, and the Court reserved decision. Defendant produced one witness, Sergeant Foose (Foose), who testified that Claimant filed an administrative action with DOCCS for the loss and/or destruction of his property. This administrative claim was denied as was an appeal of the decision. Defendant's Exhibit A was introduced through the testimony of Foose. (6) Over Claimant's objection, Defendant's Exhibit A was admitted into evidence ( see CPLR 4518). DISCUSSION The State as a bailee of an inmate's personal property owes a common law duty to secure the property in its possession ( see Pollard v State of New York , 173 AD2d 906, 907 [3d Dept 1991]; 7 NYCRR part 1700). A rebuttable presumption of negligence arises where it is established that the property was delivered to the defendant with the understanding that it would be returned, and that the defendant failed to return the property or returned it in a damaged condition ( see Tweedy v Bonnie Castle Yacht Basin, Inc. , 73 AD3d 1455, 1455-1456 [4th Dept 2010]; Ramirez v City of White Plains , 35 AD3d 698, 698 [2d Dept 2006]; Feuer Hide & Skin Corp. v Kilmer , 81 AD2d 948, 949 [3d Dept 1981]; Weinberg v D-M Rest. Corp. , 60 AD2d 550, 550 [1st Dept 1977]). Thus,
Score: 299 January 31, 2020 2020-015-020 : GREEN v. STATE OF NEW YORK, # 2020-015-020, Claim No. 127056, 128214 
Following remote video trial of pro se litigant's claim for medical malpractice and negligence by the Department of Corrections and Community Supervision in the treatment of his diabetes, claim was dismissed as the medical proof and testimony did not support the claim and no expert witness testimony was presented.
Score: 388 January 31, 2020 2020-059-006 : ADAMS v. THE STATE OF NEW YORK, # 2020-059-006, Claim No. 124215 
Score: 498 January 31, 2020 2020-058-010 : WOODS v. STATE OF NEW YORK, # 2020-058-010, Claim No. 126933 
After trial, dismissing Claim alleging assault and battery and excessive use of force by correction officers.
Score: 537 January 28, 2020 2020-058-009 : PHELAN v. STATE OF NEW YORK, # 2020-058-009, Claim No. 126648 
After trial, dismissing Claim alleging assault and battery and excessive use of force by correction officers.
Score: 498 January 21, 2020 2020-015-019 : SMITH v. THE STATE OF NEW YORK, # 2020-015-019, Claim No. 127314 
Claimant, a pro se inmate, was awarded damages for the loss of personal property which was entrusted to prison staff but not returned.
Score: 659 January 21, 2020 2019-053-024 : GRAY v. THE STATE OF NEW YORK, # 2019-053-024, Claim No. 126254 
Following a unified trial of a former inmate's claim for negligence, medical negligence and medical malpractice, the Court finds the State 100% liable for their failure to diagnose and treat claimant's triceps tendon tear. The Court awards $400,000, consisting of $150,000 for past pain and suffering and $250,000 for future pain and suffering.
Score: 570 January 21, 2020 2020-029-007 : WIGGINS v. THE STATE OF NEW YORK, # 2020-029-007, Claim No. 126747 
The claim alleged injuries arising from the failure to honor a feed-in permit and provide claimant meals in his cell at Green Haven Correctional facility for three days. After a trial on liability, the court found the State not liable for negligence and dismissed the claim.
Score: 347 January 17, 2020 2020-015-016 : COLLIER v. STATE OF NEW YORK, # 2020-015-016, Claim No. 127123 
Following trial of pro se inmate claim alleging the use of excessive force by correction officers, the claim was dismissed as claimant presented no proof other than his own testimony that the use of force was unnecessary or excessive. Court credited the testimony of a correction officer that claimant secreted contraband in his mouth and failed to comply with a direct order thereby justifying the degree of force used.
Score: 420 January 17, 2020 2020-059-003 : TYLER v. THE STATE OF NEW YORK, # 2020-059-003, Claim No. 129812 
Score: 236 January 17, 2020 2020-041-502 : KUHL v. THE STATE OF NEW YORK, # 2020-041-502, Claim No. 130674 
Claim involving claimant bicyclist injured by striking a gate which alleges defendant negligently created and failed to warn of a dangerous condition consisting of gate partially blocking pedestrian/biking path at state park, placed to prevent vehicular traffic on path, is dismissed after trial where the well-marked gate was not a dangerous condition and was easily observable in the sunny daylight conditions existing at the time of the incident.
Score: 149 January 16, 2020 2020-015-018 : GIRARD v. STATE OF NEW YORK, # 2020-015-018, Claim No. 127282 
Following trial of a pro se inmate claim, claim alleging medical malpractice and medical negligence was dismissed. No expert medical proof was submitted in support of the claim.
Score: 388 January 16, 2020 2019-015-222 : STICKELMYER v. STATE OF NEW YORK, # 2019-015-222, Claim No. 131423, Motion No. M-94939 M-94939
Following the State's removal and subsequent loss of a metal rod which had been imbedded in the highway pavement and allegedly caused claimant to trip and fall, the Court granted claimant's motion for imposition of a spoliation sanction to the extent of granting him an adverse inference that the defendant or its agents caused the metal rod to become imbedded in the pavement during the course of its paving operations. Claimant's motion for partial summary judgment on the issue of liability was denied as claimant was not relieved of his burden of demonstrating the existence of a defect and the causal relationship between the defect and the accident.
Score: 420 January 16, 2020 2020-038-103 : RICHINS v. STATE OF NEW YORK, # 2020-038-103, Claim No. 125525 
Score: 750 January 16, 2020 2020-040-002 : ASHLAW v. STATE OF NEW YORK, # 2020-040-002, Claim No. 127932 
Following Trial, Court finds State Police Officer responsible for motor vehicle accident as she failed to stop at intersection and yield the right-of-way.
Score: 449 January 16, 2020 2020-015-017 : BUCKLEY v. THE STATE OF NEW YORK, # 2020-015-017, Claim No. 127080 
Pro se inmate was awarded damages on his claim for the loss of certain personal property.
Score: 388 January 15, 2020 2020-038-102 : ROBERTS v. THE STATE OF NEW YORK, # 2020-038-102, Claim No. 125532 
Score: 420 January 14, 2020 2020-041-002 : MCCRAY v. THE STATE OF NEW YORK, # 2020-041-002, Claim No. 133796, Motion No. M-94910 M-94910
Defendant's motion to dismiss claim is granted where notice of intention to file a claim, and claim, were each served more than ninety days after accrual.
Score: 763 January 14, 2020 2020-058-006 : JONES v. STATE OF NEW YORK, # 2020-058-006, Claim No. 133755, Motion No. M-94860, Cross-Motion No. CM-94869 M-94860
Motion to dismiss Claim for unjust conviction and imprisonment pursuant to Court of Claims Act § 8-b denied; Claimant satisfied heighted pleading requirements of Court of Claims Act § 8-b (4); cross motion for leave to amend Claim denied.
Score: 626 January 13, 2020 2020-058-004 : SEALEY v. STATE OF NEW YORK, # 2020-058-004, Claim No. NONE, Motion No. M-94681 M-94681
Motion for permission to serve and file a late Claim alleging wrongful confinement denied; proposed claim failed to allege that Defendant violated any particular rule or regulation in conducting the prison disciplinary hearing or that Movant's disciplinary determination was reversed or annulled either by administrative appeal or CPLR Article 78 proceeding.
Score: 555 January 10, 2020 2020-045-003 : CATONE v. THE STATE OF NEW YORK, GOOD SAMARITAN HOSPITAL, TIMOTHY CARTER, M.D., # 2020-045-003, Claim No. 133451, Motion No. M-94464 M-94464
Defendant's motion to dismiss claim against Good Samaritan Hospital, private physician and State of New York..
Score: 420 January 10, 2020 2020-029-003 : TORRES v. THE STATE OF NEW YORK, # 2020-029-003, Claim No. 127633 
Pro se claim alleged claimant fell on the steps entering a building at Fishkill Correctional Facility and was injured. After a trial on liability, the court found the State not liable for negligence on the ground that claimant failed to establish there was a dangerous condition. The claim was dismissed.
Score: 236 January 9, 2020 2020-015-014 : BROOKS v. THE STATE OF NEW YORK, # 2020-015-014, Claim No. 127751 
Pro se inmate's claim for the damage to certain personal property following the search of his cell was dismissed following trial.
Score: 757 January 7, 2020 2020-052-001 : ROSARIO v. THE STATE OF NEW YORK, # 2020-052-001, Claim No. 130387, Motion No. M-93564 M-93564
Claim for unjust conviction dismissed because claimant's conviction was vacated not on one of the qualifying grounds set forth in Court of Claims Act § 8-b (3), Claims for Unjust Conviction and Imprisonment, but on the ground of ineffective assistance of counsel pursuant to CPL 440.10 (1) (h). Pursuant to Jeanty v State of the New York (175 AD3d 1073, 2019 NY Slip Op 06333, *2 [4th Dept 2019]), a court presiding over a claim based upon an unjust conviction under Court of Claims Act § 8-b may not look beyond the express grounds for vacatur determined by a criminal trial court in order to make actionable an otherwise unactionable claim.
Score: 388 January 7, 2020 2020-038-101 : ESTUS v. STATE OF NEW YORK, # 2020-038-101, Claim No. 130573 
Score: 537 January 7, 2020 2020-041-501 : MARTIN v. THE STATE OF NEW YORK, # 2020-041-501, Claim No. 128181, 128182 
Claim alleging that inmate/claimants suffered frostbite to fingers caused by defendant's correction officers negligently forcing them to endure extended outdoor pat frisk search in frigid temperature is dismissed after trial where claimants' testimony as to circumstances of alleged search was
Score: 388 January 7, 2020 2019-045-047 : RICCOBONO v. THE STATE OF NEW YORK, # 2019-045-047, Claim No. 132625, Motion No. M-94349 M-94349
Defendant's motion to dismiss pursuant to 3211 (a) (1) based on documentary evidence, 3211 (a) (5) res judicata and 3211 (a) (7) failure to state a cause of action.
Score: 420 January 7, 2020 2020-032-002 : ASHLEY v. THE STATE OF NEW YORK, # 2020-032-002, Claim No. 128566, Motion Nos. M-94439 M-94503 M-94439 M-94503
Claimant's motion for summary judgment and motion for the assignment of counsel are denied.
Score: 498 January 6, 2020 2020-058-002 : PETT v. STATE OF NEW YORK, # 2020-058-002, Claim No. 123650 
Claim for personal injuries and intentional infliction of emotional distress for Defendant's failure to provide Claimant with copies and/or inspection of his medical records dismissed after trial.
Score: 388 January 3, 2020 2020-058-001 : JOHNSON v. STATE OF NEW YORK, # 2020-058-001, Claim No. 124907 
Claim alleging loss/destruction of photographs of loved ones dismissed after trial on the grounds that the photographs lack fair market value and no award of damages can be made for sentimental harm.
Score: 518 January 2, 2020 2020-018-100 : BRENNAN v. STATE OF NEW YORK, # 2020-018-100, Claim No. 126362 
State is 40% negligent, Claimant is 60% comparatively negligent.
Score: 347 December 31, 2019 2019-015-215 : MARTINEZ v. THE STATE OF NEW YORK, # 2019-015-215, Claim No. NONE, Motion No. M-94898 M-94898
Motion for late claim relief alleging a cause of action for wrongful confinement was denied as untimely.
Score: 518 December 31, 2019 2019-015-211 : GAGNON v. STATE OF NEW YORK, # 2019-015-211, Claim No. NONE, Motion No. M-94808 M-94808
Motion for leave to file and serve a late claim alleging negligent hiring, supervision and assault and battery by correctional facility employees was granted.
Score: 449 December 31, 2019 2019-015-214 : PITT v. THE STATE OF NEW YORK, # 2019-015-214, Claim No. NONE, Motion No. M-94880 M-94880
Movant's application for leave to file and serve a late claim was denied where his proposed wrongful confinement claim was premised only on a violation of a DOCCS' Directive and, in addition, the Directive permitted the exercise of discretion. Thus, movant failed to demonstrate the potential merit of his claim which, when considered with the other factors, did not weigh in movant's favor.
Score: 449 December 31, 2019 2019-015-213 : BROWN v. THE STATE OF NEW YORK, # 2019-015-213, Claim No. 124731, Motion No. M-94814 M-94814
Motion to dismiss claim for failure to prosecute was denied as the 90-day demand was not sent to the claimant at his last known address as he had returned to prison.
Score: 670 December 30, 2019 2019-032-077 : MARUF v. THE STATE OF NEW YORK(2) , # 2019-032-077, Claim No. 132193, Motion No. M-94546 M-94546
The claim is dismissed as untimely and because the Court lacks subject matter jurisdiction.
Score: 518 December 27, 2019 2019-015-217 : NELSON v. STATE OF NEW YORK, # 2019-015-217, Claim No. 129903, Motion No. M-94903 M-94903
Defendant's motion to dismiss claim for lack of service was granted, and the claim was dismissed.
Score: 518 December 27, 2019 2019-015-221 : YOUNGBLOOD v. STATE OF NEW YORK, # 2019-015-221, Claim No. 120162, Motion No. M-94921 M-94921
Defendant's motion to dismiss the claim for improper service was granted, and the claim dismissed.
Score: 518 December 27, 2019 2019-015-218 : NELSON v. STATE OF NEW YORK, # 2019-015-218, Claim No. 130812, Motion No. M-94901 M-94901
Defendant's motion to dismiss the claim for lack of service was granted, and the claim was dismissed.
Score: 420 December 27, 2019 2019-015-216 : WATKINS v. THE STATE OF NEW YORK, # 2019-015-216, Claim No. NONE, Motion No. M-94887 M-94887
Application for late claim relief was denied where movant addressed only one of the factors for consideration and failed to submit a proposed claim.
Score: 449 December 27, 2019 2019-015-209 : CALVENTE v. THE STATE OF NEW YORK, # 2019-015-209, Claim No. 131259, Motion No. M-94811 M-94811
Claim was dismissed for failure to state a cause of action.
Score: 518 December 27, 2019 2019-015-219 : ANDERSON v. THE STATE OF NEW YORK, # 2019-015-219, Claim No. 130125, Motion No. M-94900 M-94900
Defendant's motion to dismiss the claim for improper service was granted, and the claim was dismissed.
Score: 537 December 27, 2019 2019-015-207 : MACK v. STATE OF NEW YORK, # 2019-015-207, Claim No. 132792, Motion No. M-94779 M-94779
Defendant's motion to dismiss the claim for improper service was granted, and the claim dismissed.
Score: 498 December 24, 2019 2010-015-220 : TAPPAN v. STATE OF NEW YORK, # 2010-015-220, Claim No. 124551, Motion No. M-94916 M-94916
Claim was dismissed for improper service.