New York State Court of Claims

New York State Court of Claims

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Score: 449 August 14, 2017 2017-041-509 : SABUNCU v. THE STATE OF NEW YORK, # 2017-041-509, Claim No. 123615 
Claim alleging that defendant failed to timely respond to an inmate-on-inmate assault is dismissed after trial where claimant failed to prove by a preponderance of the credible evidence that defendant responded to the assault in a negligently delayed manner.
Score: 518 July 25, 2017 2017-041-052 : ROBINSON v. THE STATE OF NEW YORK, # 2017-041-052, Claim No. 128325, Motion No. M-90332 M-90332
Defendant's motion to dismiss the claim and amended claim is granted where claim failed to comply with the pleading requirements of CPLR 3014 and where claimant failed to timely file and serve amended claim as directed by Court's prior Decision and Order.
Score: 613 July 24, 2017 2017-041-051 : HENRY v. THE STATE OF NEW YORK, # 2017-041-051, Claim No. 120014, Motion No. M-90396 M-90396
Claim alleging that defendant denied the inmate/claimant
Score: 613 July 20, 2017 2017-053-538 : SPARKS v. THE STATE OF NEW YORK, # 2017-053-538, Claim No. 124904, Motion No. M-90494 M-90494
Claimant's motion seeking permission to amend the notice of intention and claim to assert an additional cause of action or in the alternative, seeking leave to late file a claim is denied.
Score: 420 July 19, 2017 2017-040-091 : MALIK, ROGERS v. THE STATE OF NEW YORK, # 2017-040-091, Claim No. 124841 
Claim dismissed based upon Claimant's failure to appear at Trial.
Score: 537 July 19, 2017 2017-041-049 : ELIAS v. THE STATE OF NEW YORK, # 2017-041-049, Claim No. 121759, Motion No. M-90406 M-90406
Motion to dismiss claim alleging assault and medical malpractice is granted where assault cause of action was not served within time period set forth in Court of Claims Act 10 (3-b) and where medical malpractice cause of action fails to comply with pleading requirements of Court of Claims Act 11 (b).
Score: 347 July 14, 2017 2017-040-089 : TORRES v. THE STATE OF NEW YORK, # 2017-040-089, Claim No. 127500, Motion No. M-90288 M-90288
Motion to Amend Claim denied as Claimant failed to comply with CPLR 3025(b).
Score: 420 July 14, 2017 2017-040-088 : CARGILL v. THE STATE OF NEW YORK, # 2017-040-088, Claim No. 129337, Motion No. M-90352 M-90352
Pro se Claimant's Motion to strike State's Answer and for summary judgment denied.
Score: 555 July 11, 2017 2017-015-250 : ROMANO v. THE STATE OF NEW YORK, # 2017-015-250, Claim No. 123742, Motion No. M-90603 M-90603
Claim was dismissed for failure to serve the claim on the Office of the Attorney General.
Score: 670 July 10, 2017 2017-041-048 : MICHEL v. THE STATE OF NEW YORK, # 2017-041-048, Claim No. NONE, Motion No. M-90240 M-90240
Application to file late claim is granted in part and denied in part as allegations provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 518 July 10, 2017 2017-040-087 : BALLARD v. THE STATE OF NEW YORK, # 2017-040-087, Claim No. NONE, Motion No. M-90257 M-90257
Pro se Movant's Motion for permission to file a late Claim pursuant to CCA 10(6) denied as no proposed Claim accompanied motion papers as required.
Score: 570 July 7, 2017 2017-040-084 : OLDHAM v. STATE OF NEW YORK, # 2017-040-084, Claim No. 125034, Motion No. M-90389 M-90389
Pro se Claimant's Motion for a trial preference and poor person status denied.
Score: 498 July 7, 2017 2017-040-082 : GREENE v. THE STATE OF NEW YORK, # 2017-040-082, Claim No. NONE, Motion No. M-90369 M-90369
Pro se Movant's Court o Claims Act 10(6) Motion for permission to serve and file a late Claim denied without prejudice.
Score: 299 July 7, 2017 2017-045-027 : DAVIS v. THE STATE OF NEW YORK, # 2017-045-027, Claim No. 126518, Motion No. M-89398 M-89398
Claimant's motion for an order striking defendant's second demand for document production.
Score: 555 July 7, 2017 2017-038-550 : McRAE v. THE STATE OF NEW YORK, # 2017-038-550, Claim No. 129483, Motion No. M-90242 M-90242
Defendant's motion to dismiss complaint arising from cell search and confiscation of property is granted. Claim did not state the correctional facility or the cell where it accrued, and was thus jurisdictionally defective per Court of Claims Act 11 (b).
Score: 600 July 7, 2017 2017-040-085 : MATTESON v. THE STATE OF NEW YORK, # 2017-040-085, Claim No. NONE, Motion No. M-90260 M-90260
Pro se Movant's Motion for permission to serve and file a Claim late pursuant to CCA 10(6) denied. Proposed Claim lacks merit as Claim arose at Clinton County Jail, over which this Court has no jurisdiction.
Score: 449 July 7, 2017 2017-053-537 : KRULL v. STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2017-053-537, Claim No. 123747, Motion No. M-89714 M-89714
Motion for summary judgment by defendant is granted in that they established that the snowplow involved in the incident was a hazard vehicle engaged in work pursuant to Vehicle and Traffic Law 1103 (b) and the actions of the snowplow operator did not rise to the level of reckless disregard.
Score: 347 July 7, 2017 2017-015-248 : GREEN v. THE STATE OF NEW YORK, # 2017-015-248, Claim No. 127056, Motion No. M-90382 M-90382
Claimant's motion to settle the record on appeal was denied because he failed to submit a copy of the proposed record on appeal.
Score: 236 July 7, 2017 2017-015-247 : BYRD v. THE STATE OF NEW YORK, # 2017-015-247, Claim No. 123243, Motion No. M-90585 M-90585
Claimant's motion for summary judgment and the issuance of trial subpoenas relating to the upcoming trial of his bailment claim was denied.
Score: 388 July 7, 2017 2017-040-086 : FRAISER v. THE STATE OF NEW YORK, # 2017-040-086, Claim No. 129388, Motion No. M-90509 M-90509
Pro se Claimant's Motion for poor person status and assignment of counsel denied.
Score: 388 July 7, 2017 2017-038-549 : MARTIRANO v. THE STATE OF NEW YORK, # 2017-038-549, Claim No. 124393, Motion No. M-89622 M-89622
Defendant's motion for summary judgment dismissing claim containing causes of action pursuant to Labor Law 200(1) and Labor Law 241(6) granted. Defendant demonstrated its lack of authority to supervise or control the injury-producing work, and that there was not a violation of a provision of the Industrial Code or that any such violation was a proximate cause of claimant's injury, and claimant did not raise a triable issue of material fact in opposition to the motion.
Score: 613 July 7, 2017 2017-040-083 : JOHNS v. THE STATE OF NEW YORK, # 2017-040-083, Claim No. 127051, Motion No. M-90120, Cross-Motion No. CM-90290 M-90120
Claimant's Motion for Summary Judgment denied and State's Cross-Motion for Summary Judgment dismissing the Claim granted.
Score: 498 July 6, 2017 2017-045-026 : SMITH v. STATE OF NEW YORK, WESTCHESTER MEDICAL CENTER, # 2017-045-026, Claim No. 129182, Motion No. M-89958 M-89958
Defendant's motion to dismiss pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(2) and Court of Claims Act 10 and 11 due to lack of subject matter jurisdiction. Allegations by inmate of improper medical treatment which occurred at outside hospital.
Score: 613 July 6, 2017 2017-040-081 : NORTON v. THE STATE OF NEW YORK, # 2017-040-081, Claim No. 124466, Motion No. M-90272 M-90272
State's Motion to Dismiss based upon Claimant's failure to properly serve the Claim granted.
Score: 449 July 6, 2017 2017-040-080 : GREEN v. THE STATE OF NEW YORK, # 2017-040-080, Claim No. 129291, Motion No. M-90188 M-90188
Pro se Claimant's Motion for Summary Judgment denied.
Score: 388 July 6, 2017 2017-040-079 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-079, Claim No. 129253, Motion No. M-90508 M-90508
Pro se Claimant's Motion seeking poor person status and assignment of counsel denied.
Score: 299 July 6, 2017 2017-040-077 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-077, Claim No. 129253, Motion No. M-90250 M-90250
Pro se Claimant's
Score: 347 July 6, 2017 2017-040-076 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-076, Claim No. 129253, Motion No. M-90154 M-90154
Pro se Claimant's Motion to Amend Claim denied.
Score: 299 July 6, 2017 2017-040-078 : DOLBERRY v. THE STATE OF NEW YORK, # 2017-040-078, Claim No. 129253, Motion No. M-90251 M-90251
Pro se Claimant's request for interrogatories denied.
Score: 420 June 30, 2017 2017-041-508 : STRAIN v. THE STATE OF NEW YORK, # 2017-041-508, Claim No. 127535 
Wrongful confinement claim is dismissed after trial where claimant failed to prove that the exclusion of potential witness testimony by the disciplinary hearing officer caused actual prejudice to claimant with respect to the hearing officer's determination.
Score: 843 June 30, 2017 2017-053-531 : GENTILE'S v. COMMISSIONER OF THE STATE INSURANCE FUND, # 2017-053-531, Claim No. 126551-A, Motion No. M-89063, Cross-Motion No. CM-89586 M-89063
The Supreme Court has ordered that the counterclaims against the State Insurance Fund (SIF) seeking monetary damages be transferred to the Court of Claims without prejudice to assert any jurisdictional objections. SIF's motion to dismiss for lack of jurisdiction is granted as claimant failed to serve the claim upon the Office of the Attorney General. Claimant's cross-motion seeking permission to file a late claim is also granted, with the exception that no claim for punitive damages may be included.
Score: 388 June 29, 2017 2017-015-244 : HANESWORTH v. THE STATE OF NEW YORK, # 2017-015-244, Claim No. 124474, Motion No. M-90510 M-90510
Claimant's motion to compel discovery was denied.
Score: 420 June 29, 2017 2017-041-046 : CRUZ v. THE STATE OF NEW YORK, # 2017-041-046, Claim No. 125109, Motion No. M-89789 M-89789
Claimant's motion for order compelling discovery, including discovery of defendant's Inspector General Report, is granted as to non-privileged items requested and denied as to Inspector General Report where information in the report relevant to the claim is available to claimant from non-privileged sources.
Score: 299 June 29, 2017 2017-015-246 : HICKS v. THE STATE OF NEW YORK, # 2017-015-246, Claim No. 127485, Motion No. M-90536 M-90536
Motion to strike the note of issue was denied as moot where the note of issue had been rejected for filing by the Clerk.
Score: 678 June 28, 2017 2017-038-547 : SMITH v. THE STATE OF NEW YORK, # 2017-038-547, Claim No. 120561, Motion No. M-89756 M-89756
Defendant's motion to renew granted and claim dismissed. Prior order denying motion to dismiss for failure to serve the Attorney General was based upon indicia that the claim had been so served. In support of the motion to renew, defendant demonstrated that it was unknown to defendant that the indicia of service existed and had been filed, and explained why that indicia of service was not credible. Thus, defendant demonstrated new facts that would change the prior determination and a justification for not presenting that fact on the prior motion. Defendant's motion to reargue was denied because defendant's instant motion did not demonstrate that the Court misapprehended any fact that was presented on the prior motion.
Score: 744 June 27, 2017 2017-040-075 : MONTEGARI v. THE STATE OF NEW YORK, # 2017-040-075, Claim No. 127396, Motion No. M-89682 M-89682
State's Motion to Dismiss Claim as untimely served as required by CCA 10 & 11(a)(i) granted.
Score: 637 June 27, 2017 2017-053-532 : TRIGOBOFF v. THE STATE OF NEW YORK, # 2017-053-532, Claim No. 125861, Motion No. M-88894 M-88894
The State's motion for summary judgment is granted in that the State did not own the court facility where the accident occurred and the State had no duty to secure the metal base of the row seats upon which claimant tripped under Judiciary Law 39-b (1) (b) or 22 NYCRR 34.2 (b) (3).
Score: 236 June 26, 2017 2017-041-507 : PATEL v. THE STATE OF NEW YORK, # 2017-041-507, Claim No. 121316-A 
Claim alleging that defendant New York State Deferred Compensation Fund caused monetary damages to claimant by negligently failing to timely approve claimant's revocation of power of attorney previously granted to wife is dismissed after trial where claimant failed to prove that his purported damages were proximately caused by defendant's acts or omissions.
Score: 299 June 26, 2017 2017-045-024 : CARAWAY v. THE STATE OF NEW YORK, # 2017-045-024, Claim No. 127688, Motion No. M-90024 M-90024
Claimant's motion for summary judgment. Claimant, a pro se inmate, failed to put forth sufficient evidence to meet prima facie burden.
Score: 449 June 26, 2017 2017-045-025 : SMITH v. THE STATE OF NEW YORK, # 2017-045-025, Claim No. 129183, Motion No. M-89912 M-89912
Defendant's motion to dismiss pursuant to Civil Practice Law and Rules (CPLR) 3211(a)(7) and Court of Claims Act 11 due to failure to state a cause of action.
Score: 613 June 26, 2017 2017-053-528 : BELLO v. THE STATE OF NEW YORK, # 2017-053-528, Claim No. 127722, Motion No. M-88577 M-88577
The State's pre-answer motion to dismiss the claim pursuant to CPLR 3211 and Court of Claims 10 is denied as factual issues exist as to whether the State had a duty to maintain the promenade within Hudson River Park where claimant's accident occurred.
Score: 969 June 26, 2017 2017-040-074 : SHAFFER v. THE STATE OF NEW YORK, # 2017-040-074, Claim No. 122096 
Court finds that Claimant failed to establish by a preponderance of the credible evidence that Defendant: breached a covenant of Good Faith & Fair Dealing; was unjustly enriched; violated Claimant's Civil Rights; or defamed Claimant.
Score: 585 June 23, 2017 2017-015-243 : WILLIAMS v. STATE OF NEW YORK, # 2017-015-243, Claim No. 129480, Motion Nos. M-90432; M-90469; M-90505 M-90432; M-90469; M-90505
Although defendant waived its defense under Court of Claims Act 10 (3-b) that the intentional tort claim was untimely filed, it did raise as a defense the statute of limitations set forth in CPLR 215 (3), which resulted in dismissal.
Score: 498 June 23, 2017 2017-045-023 : BLAKE v. THE STATE OF NEW YORK, # 2017-045-023, Claim No. 128734, Motion No. M-90159 M-90159
Defendant's motion to dismiss pro se inmate's claim due to service by regular mail.
Score: 498 June 23, 2017 2017-045-022 : FARMER v. THE STATE OF NEW YORK, # 2017-045-022, Claim No. 128948, Motion No. M-89855 M-89855
Defendant's motion to dismiss second hand smoke claim.
Score: 299 June 23, 2017 2017-015-244 : LAWRENCE v. THE STATE OF NEW YORK, # 2017-015-244, Claim No. NONE, Motion No. M-90529 M-90529
Movant's application for late claim relief was denied, with leave to renew, based upon defense counsel's assertion that it was not served with all of the motion papers.
Score: 555 June 23, 2017 2017-040-073 : ROBINSON v. THE STATE OF NEW YORK, # 2017-040-073, Claim No. 122413 
Bailment Claim of Pro Se Prisoner established at Trial. Award $116.
Score: 570 June 22, 2017 2017-040-071 : KOLLAR v. THE STATE OF NEW YORK, # 2017-040-071, Claim No. 121826 
Wrongful confinement. Post-hearing confinement award $625.
Score: 570 June 22, 2017 2017-040-070 : GIBBONS v. STATE OF NEW YORK, # 2017-040-070, Claim No. 121120 
Following Trial, Court finds Claimant failed to establish by a preponderance of the credible evidence that his condition should have been diagnosed sooner, but did establish that the State failed to provide him with prescribed medications. Award $150.
Score: 600 June 22, 2017 2017-040-072 : LEE v. THE STATE OF NEW YORK, # 2017-040-072, Claim No. 122191 
Following Trial, Claim for wrongful confinement dismissed.