New York State Court of Claims

New York State Court of Claims

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Score: 475 February 5, 2021 2021-058-003 : ROUNDTREE v. STATE OF NEW YORK, # 2021-058-003, Claim No. 134417, Motion No. M-96220 M-96220
Claimant's motion for summary judgment on bailment claim denied.
Score: 299 February 4, 2021 2021-041-011 : DOE v. THE STATE OF NEW YORK, # 2021-041-011, Claim No. 135692, Motion No. M-96294 M-96294
Claimant's application to proceed anonymously in claim based on Federal Fair Debt Collection Practices Act is denied where claimant fails to show that her privacy interest outweighs the presumption in favor of openness in judicial proceedings.
Score: 449 February 4, 2021 2021-041-010 : HILL v. THE STATE OF NEW YORK, # 2021-041-010, Claim No. 134933, Motion Nos. M-96079, M-96184, Cross-Motion No. CM-96293 M-96079, M-96184
Defendant's cross-motion for summary judgment (CM-96293) dismissing wrongful confinement claim because pre-hearing confinement of claimant was privileged is granted and claimant's two motions relating to discovery (M-96079 & M-96184) are denied as moot.
Score: 637 February 3, 2021 2021-041-009 : GARNER v. THE STATE OF NEW YORK, # 2021-041-009, Claim No. NONE, Motion No. M-96224 M-96224
Application to file late claim is granted where claim alleging that defendant's negligence caused hand-cuffed and leg-shackled inmate walking with the aid of a cane to fall on wet walkway at front gate area of correctional facility while being escorted by correction officers to facility transportation van to take inmate to outside hospital has appearance of merit and where defendant had prompt notice of circumstances underlying claimant's accident and injuries.
Score: 518 February 2, 2021 2021-015-015 : RUSSELL v. THE STATE OF NEW YORK, # 2021-015-015, Claim No. 133878, Motion No. M-96066 M-96066
Claim was dismissed as untimely.
Score: 585 January 29, 2021 2021-015-014 : PEREZ v. THE STATE OF NEW YORK, # 2021-015-014, Claim No. 134471, Motion No. M-96065 M-96065
Defendant waived its defense that the claim was untimely but dismissal was nonetheless required on the ground the claim failed to state a cause of action for wrongful confinement.
Score: 149 January 26, 2021 2021-015-012 : ASH v. THE STATE OF NEW YORK, # 2021-015-012, Claim No. 131536, Motion No. M-96060 M-96060
Claimant's motion to dismiss affirmative defenses was denied as he failed to demonstrate that the defenses lacked merit.
Score: 626 January 26, 2021 2021-041-008 : COOPER v. THE STATE OF NEW YORK, # 2021-041-008, Claim No. 131452, Motion No. M-94718 M-94718
Claimant's motion to compel production of Department of Correction and Community Supervision (DOCCS) records and documents in inmate claim alleging correction officer assault/use of excessive force against inmate and subsequent lack of adequate medical care by defendant, including the DOCCS Response to the New York State Commission of Correction Preliminary Report regarding the subject incident and personnel and disciplinary records of certain correction officers, and a nurse employed by defendant, is granted, with redactions, in view of repeal of Civil Rights Law § 50-a, after in camera review.
Score: 449 January 25, 2021 2021-053-503 : DUCHNOWSKI v. THE STATE OF NEW YORK, # 2021-053-503, Claim No. 132536, Motion No. M-95699, Cross-Motion No. CM-95941 M-95699
In this claim for wrongful confinement, this former inmate claimant's second motion for summary judgment is denied and the State's cross-motion for summary judgment is granted. Claimant failed to submit newly discovered evidence or other sufficient cause to warrant consideration of second motion. The State's motion is granted as there was no proof of a violation of any rule or regulation in conducting the disciplinary hearing and the claim was also untimely served.
Score: 236 January 22, 2021 2021-015-011 : GURVEY v. THE STATE OF NEW YORK, # 2021-015-011, Claim No. 135057, Motion Nos. M-96042, M-96043 M-96042, M-96043
The parties' dispositive motions were both denied, the claimant's request to withdraw her claim without prejudice was granted, and the claim was dismissed without prejudice.
Score: 449 January 21, 2021 2021-058-002 : GREEN v. STATE OF NEW YORK, # 2021-058-002, Claim No. 129291 
Claim alleging medical negligence/malpractice dismissed after trial; Claimant failed to present expert testimony establishing the effect, if any, of a missed dose or doses of Levaquin, an antibiotic.
Score: 626 January 20, 2021 2021-038-509 : DORSETTE v. THE STATE OF NEW YORK, # 2021-038-509, Claim No. None, Motion No. M-95909 M-95909
Claimant's motion for reargument denied. Claimant failed to demonstrate a matter of fact or law that the Court overlooked or misapprehended inasmuch as the Court ruled in its prior decision that the claim sounded in the intentional tort of wrongful confinement and not in negligence.
Score: 585 January 19, 2021 2021-038-508 : DORSETTE v. THE STATE OF NEW YORK, # 2021-038-508, Claim No. 133944, Motion No. M-96203 M-96203
Claimant's motion for leave to reargue and renew denied. Branch of motion seeking reargument denied because motion presented a matter of fact not before the Court when it decided the prior motion. Branch of motion seeking renewal denied because alleged misfeasance by USPS was not a sufficient basis upon which to grant renewal, and claimant failed to demonstrate a reasonable justification for his failure to present the new facts in connection with the prior motion.
Score: 585 January 15, 2021 2021-038-507 : BENNETT v. N.Y.S. DIVISION OF PAROLE, # 2021-038-507, Claim No. None, Motion No. M-96163 M-96163
Motion for late claim relief denied. Claimant failed to address any of the six statutory factors contained in Court of Claims Act § 10 (6) and thus failed to meet his burden of persuasion on the motion.
Score: 600 January 14, 2021 2021-038-506 : N.B. v. THE STATE OF NEW YORK, # 2021-038-506, Claim No. 135209, Motion Nos. M-96080, M-96200 M-96080, M-96200
Defendant's motion to dismiss the claim for lack of jurisdiction granted. Claim failed to comply with pleading requirements of Court of Claims Act § 11 (b) inasmuch as it did not allege any damage or injury sustained as a result of the alleged offenses. Claim also failed to state a cause of action for assault and battery as it alleged actions outside the scope of the correction officer's employment. Claimant's motion for assignment of counsel and reduction of the filing fee are denied as moot.
Score: 449 January 13, 2021 2021-051-002 : BURNS v. STATE OF NEW YORK, # 2021-051-002, Claim No. 133995, Motion No. M-95987 M-95987
Pro se claimant's motion for a default judgment is denied on both legal and factual grounds. The law does not permit a default judgment against the State and the State established that it served a timely answer.
Score: 678 January 13, 2021 2021-051-001 : BARNES v. STATE OF NEW YORK, # 2021-051-001, Claim No. 134518, Motion No. M-95664 M-95664
The defendant's motion to dismiss pro-se claimant's claim alleging improper handling of his grievances resulting in lack of access to the courts in retaliation is granted because the Court lacks jurisdiction to review.
Score: 420 January 12, 2021 2020-015-093 : LOPEZ v. THE STATE OF NEW YORK, # 2020-015-093, Claim No. 123661 
Pro se inmate's claim seeking damages for injuries sustained in a flag football game was dismissed based on the doctrine of primary assumption of risk. Neither the wet playing field nor the risk of being
Score: 475 January 12, 2021 2021-038-505 : McGINNIS v. STATE OF NEW YORK NYS DOL, # 2021-038-505, Claim No. 135179, Motion No. M-96196 M-96196
Defendant's motion to dismiss the claim for lack of subject matter jurisdiction granted. Exclusive remedy for challenging a determination regarding unemployment insurance claims is to appeal to the Appellate Division, Third Department.
Score: 585 January 11, 2021 2020-015-079 : SIRIANI v. THE STATE OF NEW YORK, # 2020-015-079, Claim No. 130183 
Following a trial on the issue of liability for the use of excessive force in the prison setting, the Court found that claimant established the use of excessive force and that the defendant is 100% liable under principles of respondeat superior.
Score: 737 January 8, 2021 2021-058-001 : SAMODOVITZ v. STATE OF NEW YORK, # 2021-058-001, Claim No. 134830, Motion No. M-96273 M-96273
Motion to dismiss Claim for lack of subject matter jurisdiction granted; Claim requires review of several administrative determinations, including the decision of the Office of Parks, Recreation and Historic Preservation to prohibit overnight stays at a State marina and to revoke Claimant's right to use a wet slip.
Score: 637 January 8 , 2021 2020-051-035 : HICKS v. STATE OF NEW YORK, # 2020-051-035, Claim No. 132414, Motion No. M-96054 M-96054
Defendant's motion to dismiss pro se claimant's bailment claim in its entirety is granted on grounds that the Court lacks subject matter jurisdiction over the claim pursuant to Court of Claims Act 10 (3), 10 (3-b), and 11 because it was neither personally served nor served by certified mail return receipt requested.
Score: 449 January 8, 2021 2020-051-036 : BAUSANO v. STATE OF NEW YORK, # 2020-051-036, Claim No. 128386, Motion No. M-96002 M-96002
The Court granted defendant's pre answer uncontested motion to dismiss claim because it was untimely filed and served.
Score: 236 January 7, 2021 2021-038-503 : WILLIAMS v. THE STATE OF NEW YORK, # 2021-038-503, Claim No. 133666, Motion No. M-96187 M-96187
Claimant's motion for assignment of counsel denied. Claimant failed to serve notice of motion on the County Attorney as required by CPLR 1101 (c). Motion for reduction of filing fee denied as moot.
Score: 388 January 6, 2021 2021-053-501 : GRATE v. THE STATE OF NEW YORK, # 2021-053-501, Claim No. 134798, Motion No. M-95999 M-95999
Pro se claimant's motion seeking permission to late file a reply to the State's answer is denied as the answer did not contain a counterclaim and CPLR 3011 does not permit a reply to an answer.
Score: 626 January 5, 2021 2021-038-501 : NOVA v. THE STATE OF NEW YORK, # 2021-038-501, Claim No. 134129, Motion No. M-96152, Cross-Motion No. CM-96156 M-96152
Claimant's motion for a default judgment denied. A default judgment in failing to answer the claim cannot be granted against the State and, in any event, defendant timely answered the claim. Defendant's cross motion to compel claimant to accept its answer denied as uneccesary.
Score: 750 January 4, 2021 2021-041-001 : VIDAL v. THE STATE OF NEW YORK, # 2021-041-001, Claim No. NONE, Motion No. M-96103 M-96103
Application to serve and file late inmate wrongful confinement claim is granted where allegations show that underlying disciplinary determination was reversed and expunged by judgment in Article 78 proceeding which found that defendant violated inmate's regulatory and constitutional right to call witnesses at disciplinary hearing and, consequently, there is cause to believe a valid cause of action for wrongful confinement may exist.
Score: 783 December 23, 2020 2020-038-590 : BENNETT v. DIVISION OF PAROLE, # 2020-038-590, Claim No. 135347, Motion No. M-96162 M-96162
Defendant's pre-answer motion to dismiss the claim for lack of jurisdiction granted. with respect to wrongful confinement cause of action, each of the three notices of intentions to file a claim served on the Attorney General was jurisdictionally defective and thus did not extend claimant's time to file and serve the claim. Although defendants motion did not address the remaining causes of action, the Court sua sponte dismissed the remainder of the claim for lack of subject matter jurisdiction, as it patently failed to comply with Court of Claims Act § 11 (b).
Score: 498 December 23, 2020 2020-053-557 : SPARKS v. THE STATE OF NEW YORK, # 2020-053-557, Claim No. 124904, Motion No. M-95546 M-95546
Claimant's motion to compel a response to his second demand for discovery, information and inspection and/or compel defendant to supplement its responses is denied in part and granted in part.
Score: 537 December 23, 2020 2020-053-556 : BRADY, PARKER v. STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY, NEW YORK STATE CANAL CORPORATION, # 2020-053-556, Claim No. 123604, Motion No. M-95865 M-95865
Motion by defendants' to dismiss claim is granted to State of New York and denied to the New York State Canal Corporation and Thruway Authority. The Court finds that these defendants failed to establish as a matter of law that they had no duty to warn of the foreseeable danger of a collision that was created by the driveway access to a pedestrian bike path.
Score: 659 December 22, 2020 2020-038-589 : BEST v. NEW YORK STATE, # 2020-038-589, Claim No. 134651, Motion No. M-96136, Cross-Motion No. CM-96195 M-96136
Defendant's cross motion to dismiss the claim granted. The claim failed to comply with Court of Claims Act § 11 (b) as it did not allege the time when the claim arose, and the Court thus lacks jurisdiction over the claim. Claimant's motion for a default judgment denied as moot.
Score: 420 December 18, 2020 2020-053-555 : TERRENCE v. THE STATE OF NEW YORK , # 2020-053-555, Claim No. 135041, Motion No. M-95907 M-95907
The State's motion to dismiss this pro se claimant's wrongful confinement claim is denied. The Court finds that claimant alleged sufficient facts to form the basis for a finding that due process safeguards of 7 NYCRR 254 were violated.
Score: 475 December 18, 2020 2020-041-049 : BLACK v. THE STATE OF NEW YORK, # 2020-041-049, Claim No. 135447, Motion No. M-96062, Cross-Motion No. CM-96194 M-96062
Defendant's motion to dismiss wrongful confinement claim as barred by intentional tort limitation period set forth in CPLR 215 (3) is denied where claim sounds in negligence.
Score: 347 December 17, 2020 2020-044-005 : MUSCATELLA v. THE STATE OF NEW YORK, # 2020-044-005, Claim No. 130562 
After trial of claim for damages for personal injuries incurred when claimant slipped on algae and fell on a waterfront pier at a State Park, the Court dismissed the claim on the basis that the presence of the algae was inherent to the nature of the pier, and thus did not constitute a dangerous condition for which defendant could be held liable.
Score: 537 December 16, 2020 2020-053-554 : RAMOS v. STATE OF NEW YORK, # 2020-053-554, Claim No. 131470, Motion No. M-95869 M-95869
The State's motion to dismiss this pro se claim is granted. The Court finds that the claim is jurisdictionally defective as claimant served the claim by regular mail contrary to Court of Claims Act 10 (3) and 11 (a) (i).
Score: 585 December 15, 2020 2020-053-551 : ALLEN v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2020-053-551, Claim No. NONE, Motion No. M-95635 M-95635
Claimant's motion for permission to file a late notice of claim against Roswell Park pursuant to General Municipal Law 50-e is granted. The Court finds that although claimant did not offer a reasonable excuse for a delay in serving the claim that claimant established actual or constructive notice within 90 days and that there was no compelling showing of prejudice.
Score: 388 December 14, 2020 2020-038-584 : N.B. v. THE STATE OF NEW YORK, # 2020-038-584, Claim No. 135025, Motion No. M-95991 M-95991
Motion for assignment of counsel denied. Claimant failed to show he was facing a loss of liberty or grievous forfeiture, or any other compelling circumstance. Motion for reduced filing fee denied as moot.
Score: 498 December 11, 2020 2020-051-031 : DIAZ v. STATE OF NEW YORK, # 2020-051-031, Claim No. 132770, 132899, Motion No. M-95674 M-95674
Pro se claimant's motion for summary judgment was denied as deficient, lacking an affidavit or any evidence in admissible form. Given that this is the third motion submitted by claimant that is not supported by an affidavit or admissible evidence, he was warned that this constitutes frivolous conduct and if he persists in filing inadequate motions the Court will consider sanctioning him.
Score: 347 December 11, 2020 2020-053-549 : MILLER v. STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, # 2020-053-549, Claim No. 133494, Motion No. M-95971 M-95971
Claimant's motion seeking an order pursuant to CPLR 3217 (b) permitting the voluntary discontinuance of this action with prejudice is granted.
Score: 815 December 11, 2020 2020-051-033 : TOMON v. STATE OF NEW YORK, # 2020-051-033, Claim No. NONE, Motion No. M-95330 M-95330
Movant filed a motion for permission to file a late claim alleging wrongful confinement, due process and negligence causes of action stemming from DOCCS's utilization of a new urinalysis drug test that allegedly caused a false positive result.
Score: 347 December 11, 2020 2020-053-548 : KORNOWSKI v. STATE OF NEW YORK and NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, # 2020-053-548, Claim No. 133495, Motion No. M-95961 M-95961
Claimant's motion seeking an order pursuant to CPLR 3217 (b) permitting the voluntary discontinuance of this action with prejudice is granted.
Score: 475 December 10, 2020 2020-044-004 : WEAVER v. THE STATE OF NEW YORK, # 2020-044-004, Claim No. 130287 
After liability trial in claim for injuries incurred when claimant fell while working on a loading dock which did not have any fall prevention device, the Court found that the dock constituted a dangerous condition, and that defendant was 95% liable for claimant's injuries.
Score: 626 December 10, 2020 2020-041-048 : CUMMINGS v. THE STATE OF NEW YORK, # 2020-041-048, Claim No. 133212, Motion No. M-96117 M-96117
Application to serve and file late claim alleging that defendant's negligence caused inmate/claimant to suffer injuries and damages resulting from attack by unidentified fellow inmate is granted where allegations of proposed claim, together with allegations of improperly served notice of intention to file a claim, provide minimal appearance of merit of proposed claim.
Score: 347 December 9, 2020 2020-051-029 : BLANCHARD v. STATE OF NEW YORK, # 2020-051-029, Claim No. 134170, Motion No. M-95944 M-95944
Pro se claimant's motion for summary judgment on his wrongful confinement claim denied because he failed to attach the pleadings per CPLR 3212 (b). In addition, even if the Court were able to address the merits, the claimant did not establish as a matter of law his entitlement to summary judgment.
Score: 637 December 9, 2020 2020-051-028 : HINES v. STATE OF NEW YORK, # 2020-051-028, Claim No. 134555, Motion No. M-95895 M-95895
The defendant's pre-answer motion to dismiss claimant's bailment claim granted on grounds the claim was untimely filed and served pursuant to Court of Claims Act §§ 10 (9) and 11(a), and the time in which to do so has expired.
Score: 648 December 9, 2020 2020-053-550 : VON STACKELBERG v. ALFRED STATE COLLEGE OF TECHNOLOGY, STATE UNIVERSITY OF NEW YORK, # 2020-053-550, Claim No. 133106, Motion No. M-95789 M-95789
Defendant's motion for summary judgment of this claim alleging age discrimination, violation of Executive Law 296, breach of contract, negligent infliction of emotional distress, and negligent hiring, training and supervision is granted.  The Court dismissed the claim on the basis that claimant failed to timely serve a notice of intention or claim within the requisite statutory time period.
Score: 498 December 9, 2020 2020-053-547 : DELEON v. THE STATE OF NEW YORK, # 2020-053-547, Claim No. 127572, Motion No. M-94874 M-94874
The State's motion for partial summary judgment dismissing the pro se claimant's wrongful confinement and wrongful disclosure of mental health causes of action is granted.
Score: 600 December 9, 2020 2020-053-546 : BOJARSKI v. STATE OF NEW YORK, WESTERN NEW YORK DEVELOPMENTAL DISABILITY SERVICES OFFICE, # 2020-053-546, Claim No. 130252, Motion No. M-95822 M-95822
In response to claimant's motion pursuant to CPLR 3124 and Mental Hygiene Law 33.13 seeking to compel the production of redacted medical records and behavioral assessments of the resident alleged to have assaulted claimant, the Court ordered  their production for an in camera review.
Score: 555 December 9, 2020 2020-053-545 : Title not available M-95910
A defendant, who was sued in his individual capacity, brought a motion to dismiss the claim for lack of jurisdiction. This motion was granted but his request for attorneys fees was denied.
Score: 704 December 9, 2020 2020-038-583 : LALL v. THE STATE OF NEW YORK, # 2020-038-583, Claim No. None, Motion No. M-96006 M-96006
Claimant's motion for reargument of decision denying late claim motion granted in part, and upon reargument, the Court adheres to its prior decision. Although Cour may have erroneously concluded that claimant had available to him the remedy of an action against the individual medical providers, claimant conceded that he could have pursued a federal action and, in any event, the factor of the appearance of merit weighed decisively against granting the late claim application.