New York State Court of Claims

New York State Court of Claims

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Score: 498 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.
Score: 498 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.
Score: 600 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.
Score: 687 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.
Score: 347 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.
Score: 449 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.
Score: 475 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
Score: 475 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.
Score: 236 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.
Score: 891 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.
Score: 149 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.
Score: 932 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.
Score: 420 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).
Score: 236 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
Score: 744 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.
Score: 613 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
Score: 713 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.
Score: 678 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
Score: 824 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.
Score: 637 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.
Score: 659 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.
Score: 626 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.
Score: 555 May 10, 2021 2021-038-101 : McGRIFF v. THE STATE OF NEW YORK, # 2021-038-101, Claim No. 126886 
Score: 347 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.
Score: 420 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.
Score: 149 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.
Score: 600 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.
Score: 555 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.
Score: 475 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])
Score: 518 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.
Score: 475 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.
Score: 149 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.
Score: 475 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.
Score: 626 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.
Score: 750 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
Score: 555 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.
Score: 498 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.
Score: 713 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.
Score: 585 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.
Score: 687 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.
Score: 696 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
Score: 498 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.
Score: 626 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.
Score: 659 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).
Score: 600 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.
Score: 932 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
Score: 236 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.
Score: 388 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.
Score: 475 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.
Score: 475 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.