New York State Court of Claims

New York State Court of Claims

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Score: 696 July 27, 2021 2021-040-031 : QUINONES v. THE STATE OF NEW YORK, # 2021-040-031, Claim No. 129683 
Claim dismissed, as Pro se Claimant failed to respond to correspondence from the Court and failed to appear at a conference, pursuant to the Uniform Rules of the Court of Claims § 206.10(g).
Score: 299 July 22, 2021 2021-018-220 : PHELPS v. STATE OF NEW YORK, # 2021-018-220, Claim No. 136062, Motion No. M-96719 M-96719
Claimant's motion for partial summary judgment is denied. No pleadings were attached and Claimant failed to establish that he was wrongfully confined as a matter of law.
Score: 555 July 20, 2021 2021-018-021 : HUNTLEY v. STATE OF NEW YORK, # 2021-018-021, Claim No. 130759, Motion No. M-96832 M-96832
In response to order to show cause Claimant failed to demonstrate proper service of claim upon Defendant. Claim dismissed .
Score: 299 July 16, 2021 2021-053-531 : WILSON v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-531, Claim No. 130279, Motion No. M-96145 M-96145
Roswell Park's motion for summary judgment dismissing the negligence and medical malpractice cause of action is denied as it relates to claimant's pre-surgical treatment and to the surgical procedure. It is granted as to the allegations relating to informed consent and pre-surgical treatment. The motion was also granted as to the second cause of action alleging a violation of Public Health Law 2801-d.
Score: 537 July 15, 2021 2021-018-020 : McKENZIE v. STATE OF NEW YORK, # 2021-018-020, Claim No. NONE, Motion No. M-96696 M-96696
Late claim application denied without prejudice.
Score: 555 July 14, 2021 2021-040-027 : SCHMIEGE v. THE STATE OF NEW YORK, # 2021-040-027, Claim No. 134391, Motion No. M-96593 M-96593
Court OSC re: service. Claimant failed to establish that he served Claim upon Defendant. Claim dismissed.
Score: 518 July 14, 2021 2021-040-026 : SCHMIEGE v. THE STATE OF NEW YORK, # 2021-040-026, Claim No. 134390, Motion No. M-96594 M-96594
Court OSC re: service. Claimant failed to establish that he served Claim upon Defendant. Claim dismissed.
Score: 570 July 14, 2021 2021-058-029 : DRAYTON v. STATE OF NEW YORK(1) , # 2021-058-029, Claim No. 136246, Motion No. M-96815 M-96815
Motion to dismiss the Claim granted; the Court lacks jurisdiction to review DOCCS' determination to place Claimant in a Residential Treatment Facility (RTF).
Score: 475 July 14, 2021 2021-038-544 : GUNN v. THE STATE OF NEW YORK, # 2021-038-544, Claim No. None, Motion No. M-96807, Cross-Motion No. CM-96929 M-96807
Claimant's motion to compel disclosure denied on the ground that late claim relief was previously denied as to the proposed claim upon which the discovery demand is based, and there is no claim currently pending before this Court. Defendant's cross motion to dismiss denied as unnecessary.
Score: 420 July 14, 2021 2021-038-543 : GUNN v. THE STATE OF NEW YORK, # 2021-038-543, Claim No. None, Motion No. M-96806, Cross-Motion No. CM-96928 M-96806
Claimant's motion to compel disclosure denied on the ground that late claim relief was denied with respect to the proposed claim upon which the discovery motion is based, and thus no claim is pending before the Court at this time. Defendant's cross motion to dismiss denied as unnecessary.
Score: 704 July 14, 2021 2021-038-542 : ORTEZ v. THE STATE OF NEW YORK(1) , # 2021-038-542, Claim No. 133056, Motion No. M-96704, Cross-Motion No. CM-96940 M-96704
Defendant's motion to amend the verified answer to include the affirmative defense of lack of capacity to prosecute the claim and dismiss the claim for lack of capacity granted. Proposed amendment did not plainly lack merit or cause surprise or prejudice to claimants, who failed to obtain letters of administration before commencing this wrongful death claim, and claim must be dismissed as jurisdictionally defective. Claimants' cross motion to amend the claim to substitute Zonia Ortez, as administrator of decedent's estate, as claimant denied on the ground that jurisdictional defects may not be cured by amendment.
Score: 236 July 14, 2021 2021-038-545 : MCLEOD v. THE STATE OF NEW YORK, # 2021-038-545, Claim No. 135907, Motion No. M-96776 M-96776
Defendant's motion to dismiss the claim for failure to state a cause of action for wrongful confinement granted on default. The claim did not allege a violation of any rule or regulation implicating claimant's due process rights.
Score: 498 July 13, 2021 2020-018-019 : CAPPUCCINO v. STATE OF NEW YORK, # 2020-018-019, Claim No. NONE, Motion No. M-96756 M-96756
Movant's application to file a late claim denied.
Score: 299 July 12, 2021 2021-041-039 : WILSON v. THE STATE OF NEW YORK, # 2021-041-039, Claim No. 132278, Motion No. M-96635, Cross-Motion No. CM-96744 M-96635
Defendant's motion to quash trial subpoena duces tecum essentially seeking post-note of issue disclosure is granted; claimant's cross-motion for permission to conduct post-note of issue disclosure on eve of trial is denied.
Score: 475 July 9, 2021 2021-053-534 : ANDREWS v. THE STATE OF NEW YORK, # 2021-053-534, Claim No. 136048, Motion No. M-96685 M-96685
A pro se claimant alleged that he was wrongfully confined while incarcerated due to a false positive drug test. The State's motion to dismiss the claim was granted as claimant failed to allege a violation of any regulation governing drug testing. In addition, the claim was also jurisdictionally defective as the notice of intention and claim were not served within the statutory time period.
Score: 659 July 8, 2021 2021-053-532 : LABARBERA v. GRACE HOUSE MINISTRIES BUFFALO. MEW YORK, # 2021-053-532, Claim No. 134352, Motion No. M-96380 M-96380
In response to the Court's Order to Show Cause, the State established that the Attorney General was never served with the claim and that the Court has no jurisdiction over the named defendant. As such, the claim is dismissed.
Score: 626 July 8, 2021 2021-058-030 : R.L. v. STATE OF NEW YORK, # 2021-058-030, Claim No. 135945, Motion No. M-96890 M-96890
Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of her current circumstances to support application to proceed pseudonymously.
Score: 704 July 8, 2021 2021-038-541 : MAY v. THE STATE OF NEW YORK, # 2021-038-541, Claim No. None, Motion No. M-96773 M-96773
Motion for late claim relief granted. Claimant failed to demonstrate that the delay in filing the claim was excusable, but the remaining five factors set forth in Court of Claims Act § 10 (6) - including the crucial factor of the appearance of merit - weigh in favor of granting late claim relief.
Score: 498 July 6, 2021 2021-038-540 : DODSON v. THE STATE OF NEW YORK, # 2021-038-540, Claim No. 133505, Motion No. M-96328 M-96328
Claimant's motion to compel response to demands for documents and interrogatories granted. Discovery sought did not appear immaterial or unnecessary, and defendant failed to timely respond to the demands or the motion to compel. Defendant may nevertheless move for a protective order on the ground that a request is palpably improper.
Score: 537 July 1, 2021 2021-038-539 : GUNN v. THE STATE OF NEW YORK, # 2021-038-539, Claim No. 134567, Motion No. M-96730, Cross-Motion No. CM-96758 M-96730
Defendant's cross motion to dismiss for failure to state a cause of action granted. Claim does not allege the type of racial discrimination that is actionable under the Human Rights Law. Claimant's motion to compel disclosure denied as moot.
Score: 420 June 30, 2021 2021-040-024 : PACHECO v. THE STATE OF NEW YORK, # 2021-040-024, Claim No. 135422, Motion No. M-96662 M-96662
Court OSC vacated. Claim was served upon Defendant.
Score: 696 June 30, 2021 2021-053-530 : BAILEY v. THE STATE OF NEW YORK, # 2021-053-530, Claim No. 131877, Motion No. M-96511 M-96511
The State's motion for summary judgment is granted in this claim alleging that the State's negligence caused the claimant's fall into an open concrete hole along a state highway. The Court determined that the description of the location of the accident in the notice of intention did not meet the requirements of Court of Claims Act 11 (b).  As a result, the claim and amended claim were untimely, depriving the Court of subject matter jurisdiction.
Score: 637 June 30, 2021 2021-040-025 : MOSBY v. STATE OF NEW YORK, # 2021-040-025, Claim No. 121105, Motion No. M-96720 M-96720
State's Motion to dismiss based upon Claimant's failure to prosecute granted.
Score: 570 June 29, 2021 2021-032-065 : STEGEMAN v. STATE OF NEW YORK, # 2021-032-065, Claim No. 135550, Motion No. M-96372 M-96372
Score: 687 June 29, 2021 2021-032-056 : COBB v. STATE OF NEW YORK(1) , # 2021-032-056, Claim No. 134655, Motion No. M-96521 M-96521
Score: 299 June 29, 2021 2021-032-057 : ANDERSON v. STATE OF NEW YORK, # 2021-032-057, Claim No. 134962, Motion No. M-96388 M-96388
Score: 613 June 29, 2021 2021-028-524 : GERMAIN v. THE STATE OF NEW YORK, # 2021-028-524, Claim No. 135153, Motion No. M-96608 M-96608
Score: 347 June 29, 2021 2021-032-058 : FLOWER v. STATE OF NEW YORK, # 2021-032-058, Claim No. 135679, Motion No. M-96403 M-96403
Score: 347 June 29, 2021 2021-032-059 : BLANCHARD v. STATE OF NEW YORK, # 2021-032-059, Claim No. 124284, Motion No. M-96408 M-96408
Score: 518 June 29, 2021 2021-032-061 : FELIZ v. STATE OF NEW YORK, # 2021-032-061, Claim No. 134270, Motion No. M-95275 M-95275
Score: 388 June 29, 2021 2021-032-062 : SPIESS v. STATE OF NEW YORK(1) , # 2021-032-062, Claim No. 134301, Motion No. M-95379 M-95379
Score: 475 June 29, 2021 2021-032-063 : RIOS v. STATE OF NEW YORK, # 2021-032-063, Claim No. 132631, Motion No. M-95255 M-95255
Score: 420 June 29, 2021 2021-032-066 : LEE v. STATE OF NEW YORK, # 2021-032-066, Claim No. 133159, Motion No. M-96208 M-96208
Score: 678 June 29, 2021 2021-032-067 : EMANUEL v. NEW YORK DEPARTMENT OF MOTOR VEHICLES, # 2021-032-067, Claim No. 135735, Motion No. M-96742 M-96742
Score: 388 June 29, 2021 2021-032-068 : SPIESS v. STATE OF NEW YORK(1) , # 2021-032-068, Claim No. 134300, Motion No. M-95378 M-95378
Score: 555 June 29, 2021 2021-053-529 : TELESFORD v. STATE OF NEW YORK, # 2021-053-529, Claim No. 133171, Motion No. M-96477 M-96477
The State's motion for summary judgment dismissing the claim on jurisdictional grounds is granted. Claimant, who alleged that he was wrongfully confined in a correctional facility alleged that he was deprived of due process rights in violation of Articles 1 and 5 of the NYS Constitution. The Court of Claims is a court of limited jurisdiction and claimant has alternative forums in which to seek enforcement of his state constitutional rights in Supreme Court or in federal court to seek redress under the U.S. Constitution.
Score: 713 June 28, 2021 2021-040-023 : SWANSTON v. THE STATE OF NEW YORK, # 2021-040-023, Claim No. 127133 
Following Trial, Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant was negligent with regard to Claimant being assaulted by a fellow inmate.
Score: 670 June 28, 2021 2021-032-055 : REGISTER v. **NOT STATED, # 2021-032-055, Claim No. 134965, Motion No. M-96522 M-96522
Score: 347 June 28, 2021 2021-038-536 : D.G. v. THE STATE OF NEW YORK, # 2021-038-536, Claim No. 127115, Motion No. M-96728 M-96728
Claimant's motion to compel defendant to respond to his discovery demand denied. Information sought in the demand was more properly the subject of a bill of particulars and, in any event, defendant responded to the demand with discovery relevant to the claim, and claimant does not argue that the response was deficient.
Score: 670 June 28, 2021 2021-038-535 : BERRY v. THE STATE OF NEW YORK, # 2021-038-535, Claim No. 128629, Motion No. M-96734 M-96734
Claimant's motion to compel disclosure of correction officer's disciplinary file held in abeyance pending in camera review. The remainder of the motion is denied as duplicative.
Score: 763 June 28, 2021 2021-038-537 : GARCIA v. THE STATE OF NEW YORK, # 2021-038-537, Claim No. 134559, Motion No. M-96556 M-96556
Claimant's motion to strike twelve of thirteen affirmative defenses raised in verified answer granted in part. Claimant demonstrated that the second, sixth, seventh, eighth, tenth, eleventh, twelfth affirmative defenses, and affirmative defense 9-B were without merit as a matter of law.
Score: 537 June 25, 2021 2021-032-053 : HINDS v. STATE OF NEW YORK, # 2021-032-053, Claim No. 133008, Motion No. M-96302 M-96302
Defendant's motion for summary judgment granted. Defendant established that it did not intent to confine claimant, who was held for four days in facilities operated by the New York City Department of Corrections.
Score: 555 June 24, 2021 2021-058-023 : WRIGHT v. STATE OF NEW YORK, # 2021-058-023, Claim No. 135801, Motion No. M-96727, Cross-Motion No. CM-96829 M-96727
Motion to dismiss Claim on the ground that the original Claim served on the Attorney General was not verified denied; Defendant waived defense by failing to reject the Claim with due diligence in accordance with CPLR 3022; in light of the wavier of the defense, Claimant's motion to amend the Claim to add a properly executed verification page denied as moot; Claimant's motion to amend otherwise denied, without prejudice, as the proposed amended verified claim failed to clearly show the proposed additions/changes to the factual allegations contained in the initial Claim as required by CPLR 3025 (b).
Score: 518 June 24, 2021 2021-041-037 : WRIGHT v. THE STATE OF NEW YORK, # 2021-041-037, Claim No. 131663, Motion No. M-96763 M-96763
Claimant's motion in bailment claim for a further bill of particulars is granted with respect to defenses alleging claimant's comparative negligence and/or culpable conduct and third-party negligence and denied with regard to defenses alleging limitation of claimant's recovery pursuant to lost property regulations and discretionary governmental function immunity.
Score: 757 June 23, 2021 2021-032-051 : SHABAT v. STATE OF NEW YORK AND CITY UNIVERSITY OF NEW YORK, # 2021-032-051, Claim No. 128591 
Following a trial pursuant to CPLR 603 to determine whether the Court has jurisdiction over the claim, the Court determined that no photographs were attached to the notices of intention to file a claim served on the OAG and CUNY. Without the inclusion of photographs that would have directed defendants to the exact location of the accident, the description contained in the notices of intention to file a claim did not comply with Court of Claims Act § 11 (b).
Score: 555 June 23, 2021 2021-032-052 : DAVIS v. STATE OF NEW YORK, # 2021-032-052, Claim No. 125370 
Claimant failed to prove by a preponderance of the credible evidence that his claimed injuries were proximately caused by defendant's negligence. Accordingly, no award of damages is made.
Score: 804 June 23, 2021 2021-053-527 : TOJEK v. STATE OF NEW YORK, # 2021-053-527, Claim No. 134039, Motion No. M-96478 M-96478
The State's motion to dismiss this pro se claim for lack of personal and subject matter jurisdiction is granted.  The Court of Claims does not have jurisdiction over the individually named defendants employed by the State. The Court of Claims is a court of limited jurisdiction and does not have jurisdiction over the claims alleging deprivation of U.S. Constitutional rights where claimant has an alternative forum and has already instituted a separate action in federal court and two actions in Supreme Court.
Score: 770 June 22, 2021 2021-028-523 : NEGRON v. THE STATE OF NEW YORK, # 2021-028-523, Claim No. 130899, Motion Nos. M-96544, M-96553, Cross-Motion No. CM-96646 M-96544, M-96553
Score: 637 June 21, 2021 2021-040-022 : FUENTES v. STATE OF NEW YORK, # 2021-040-022, Claim No. 130850, Motion No. M-96517 M-96517
Pro Se Claimant's Motion to compel to answer interrogatories and respond to discovery demands granted in part and denied in part.
Score: 420 June 21, 2021 2021-015-050 : A.L.A.C. v. STATE OF NEW YORK, # 2021-015-050, Claim No. 133125, Motion No. M-96470 M-96470
Contract claim was dismissed for failing to comply with the notice and recordkeeping provisions of the contract.