New York State Court of Claims

New York State Court of Claims

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Score: 744 July 10, 2020 2020-038-536 : CRISCUOLO v. THE STATE OF NEW YORK, # 2020-038-536, Claim No. 132507, Motion Nos. M-95070, CM-95384 M-95070, CM-95384
Defendant's cross motion to dismiss the claim for lack of jurisdiction granted. The Court lacks jurisdiction over the causes of action alleging violations of claimant's federal and state constitutional rights, and, insofar as the claim asserts a claim for lost personal property, claimant failed to exhaust his administrative remedies prior to filing the claim as required by Court of Claims Act § 10 (9). Claimant's motion to compel discovery responses denied as moot.
Score: 678 July 10, 2020 2020-038-544 : FRANCISCHELLI v. THE STATE OF NEW YORK, # 2020-038-544, Claim No. NONE, Motion No. M-95329 M-95329
Claimant's motion for late claim relief denied. Claimant failed to demonstrate a reasonable excuse for the delay in filing the claim, the claim lacked the appearance of merit, and claimant had another remedy available to him.
Score: 737 July 10, 2020 2020-038-545 : NOVA v. THE STATE OF NEW YORK, # 2020-038-545, Claim No. 134129, Motion No. M-95173 M-95173
Defendant's pre-answer motion to dismiss granted in part. Motion denied insofar as it sought to dismiss the claim for lack of subject matter jurisdiction and failure to state a claim on the ground that the Albany County Clerk was acting at a State officer for the purposes of this claim. Motion insofar as it sought to dismiss the claim based on the documentary evidence granted in part. Documentary evidence showed that the Albany County Clerk did not willfully refuse to process claimant's complaint but did not utterly refute claimant's allegation that the Albany County Clerk failed to process claimant's motions.
Score: 626 July 9, 2020 2020-038-543 : GUNN v. THE STATE OF NEW YORK, # 2020-038-543, Claim No. NONE, Motion No. M-95248 M-95248
Claimant's motion for late claim relief denied. Proposed claim lacked the appearance of merit, claimant failed to show a reasonable excuse for the delay in filing the claim, and claimant had other remedies available to him.
Score: 299 July 9, 2020 2020-038-542 : G.C. v. THE STATE OF NEW YORK, # 2020-038-542, Claim No. 134052, Motion No. M-95242 M-95242
Claimant's motion to compel responses to discovery demands denied as premature for failure to demonstrate that demands were served on defendant prior to filing the motion to compel.
Score: 449 July 8, 2020 2020-038-541 : BONIE v. THE STATE OF NEW YORK, # 2020-038-541, Claim No. None, Motion No. M-95227 M-95227
Claimant's motion for appointment of counsel denied. Claimant failed to provide sufficient facts as to the merits of the claim for which he sought assignment of counsel or that he was facing a loss of liberty or grievous forfeiture or other compelling circumstance.
Score: 687 July 8, 2020 2020-038-540 : BONIE v. THE STATE OF NEW YORK, # 2020-038-540, Claim No. None, Motion No. M-95226 M-95226
Claimant's motion for late claim relief denied. Motion was untimely as to cause of action for wrongful confinement, and causes of action sounding in negligence and violation of claimant's federal and state constitutional rights patently lacked merit.
Score: 498 July 7, 2020 2020-038-539 : FLOWER v. THE STATE OF NEW YORK, # 2020-038-539, Claim No. 126765, Motion No. M-95201, Cross-Motion No. CM-95373 M-95201
Claimant's motion to compel responses to discovery demands granted in part. Discovery demand was served on defendant, who failed to respond, and the demand was not palpably improper and did not seek confidential information. Motion to compel denied as unnecessary with respect to notice to admit, which is self-effectuating. Defendant's cross motion for a protective order denied inasmuch as defendant failed to demonstrate that the discovery sought was privileged, confidential, irrelevant, or could compromise facility security.
Score: 475 July 7, 2020 2020-045-040 : ZEPH v. THE STATE OF NEW YORK, # 2020-045-040, Claim No. 124037, Motion No. M-95311 M-95311
Out of state attorney applies for pro hac vice admission to New York for the purposes of this case.
Score: 347 July 1, 2020 2020-058-033 : ROSS FARMS v. STATE OF NEW YORK, # 2020-058-033, Claim No. 119300, Motion No. M-95445 M-95445
Motion for leave to amend Claim to assert qualified immunity as an affirmative defense granted.
Score: 585 June 25, 2020 2020-058-032 : LA FONTAINE v. THE STATE OF NEW YORK, # 2020-058-032, Claim No. 128089, Motion No. M-95436 M-95436
Motion for Summary Judgment granted in part and denied in part; Defendant established as a matter of law that it had no duty to warn of open and obvious condition on the property; however, issue of fact as to whether staircase, which had allegedly become wet and slick from tracked-in rain, constituted a dangerous condition. Additionally, Defendant failed to establish as a matter of law that it lacked constructive notice of the alleged dangerous condition.
Score: 388 June 24, 2020 2020-038-537 : COLEMAN v. THE STATE OF NEW YORK, # 2020-038-537, Claim No. 131889, Motion No. M-95168 M-95168
Claimant's motion for summary judgment on liability denied. Claimant failed to demonstrate that the alleged inmate-on-inmate attack was reasonably foreseeable.
Score: 704 June 22, 2020 2020-038-535 : ANDRIANI v. THE STATE OF NEW YORK, # 2020-038-535, Claim No. 134149, Motion No. M-95288 M-95288
Defendant's motion to dismiss claim denied. Contrary to defendant's contention, the Court has subject matter jurisdiction over the claim, which alleges, inter alia, that claimant was wrongfully confined pursuant to a false parole warrant. Parole officers not entitled to qualified immunity where they lacked a reasonable basis for issuing the parole warrant.
Score: 659 June 22, 2020 2020-045-039 : FUSCHETTO v. THE STATE OF NEW YORK, # 2020-045-039, Claim No. 124644, Motion No. M-95297 M-95297
Claimants' motion for 701 fees.
Score: 518 June 9, 2020 2020-038-533 : D.G. v. THE STATE OF NEW YORK, # 2020-038-533, Claim No. None, Motion No. M-94833 M-94833
Motion to treat notice of intention to file a claim as the claim denied as untimely.
Score: 518 June 9, 2020 2020-038-534 : D.G. v. THE STATE OF NEW YORK, # 2020-038-534, Claim No. None, Motion No. M-95113 M-95113
Motion to treat notice of intention to file a claim as the claim denied as untimely.
Score: 613 June 5, 2020 2020-015-053 : BAKER v. STATE OF NEW YORK, # 2020-015-053, Claim No. 124072, Motion No. M-95369 M-95369
In a claim alleging negligent highway design, defendant's motion to amend its answer was granted to the extent it sought to allege qualified immunity as a defense for its highway planning decisions, but was denied to the extent it sought leave to add the defense of governmental immunity.
Score: 678 May 29, 2020 2020-053-004 : DESTINO v. STATE OF NEW YORK, # 2020-053-004, Claim No. 119498 
Following a trial on the issue of damages, the Court determined that claimant suffered a serious injury and sustained a significant limitation of the use of his right shoulder as a result of the motor vehicle accident within the meaning of Insurance Law 5102 (d).  The Court awarded claimant $300,000 for past pain and suffering and $250,000 for future pain and suffering, both of which are to be reduced by 25% for the claimant's comparative negligence in accordance with the Court's prior decision.
Score: 518 May 27, 2020 2020-015-027 : MONACO v. STATE OF NEW YORK, # 2020-015-027, Claim No. 130355 
Claim seeking damages for injuries sustained in a bicycle accident due to the State's alleged failure to keep foliage and brush from obstructing visibility while traversing a curve was dismissed after trial. The Court found that the claimant assumed the open and obvious risks presented by the curve in the bicycle path under the primary assumption of risk doctrine
Score: 388 May 26, 2020 2020-015-059 : HARTMAN v. STATE OF NEW YORK, # 2020-015-059, Claim No. 130676, Motion No. M-95395 M-95395
Claim alleging causes of action for negligent supervision and wrongful confinement were dismissed as untimely.
Score: 893 May 22, 2020 2020-045-037 : TERRY ROAD v. THE STATE OF NEW YORK, # 2020-045-037, Claim No. 124599, Motion Nos. M-94750, M-94777, M-94815 M-94750, M-94777, M-94815
Three motions, claimant's to amend decision, defendant's to amend decision and defendant's to recover paid through advance payment that was in excess of decision.
Score: 613 May 20, 2020 2020-045-036 : SPJ v. THE STATE OF NEW YORK, # 2020-045-036, Claim No. 131942, Motion No. M-94789 M-94789
Petitioner's order to show cause for distribution of funds through a special proceeding.
Score: 299 May 20, 2020 2020-015-057 : SCOTT v. STATE OF NEW YORK, # 2020-015-057, Claim No. 130050, Motion No. M-95392 M-95392
Claimant's motion to compel discovery or strike defendant's answer was granted in part.
Score: 737 May 18, 2020 2020-045-035 : FOX v. THE STATE OF NEW YORK, # 2020-045-035, Claim No. 128469, Motion No. M-94733 M-94733
Defendant's' motion for summary judgment dismissing the claims of malicious prosecution and negligence.
Score: 347 May 18, 2020 2020-015-056 : MAHMOOD v. THE STATE OF NEW YORK, # 2020-015-056, Claim No. 134432, Motion No. M-95381 M-95381
Claimant's motion for the assignment of counsel was denied.
Score: 449 May 15, 2020 2020-045-034 : JACKSON v. THE STATE OF NEW YORK, # 2020-045-034, Claim No. 132312, Motion No. M-95063, Cross-Motion No. CM-95064 M-95063
Claimant's motion for summary judgment due to parole violation arrest. Defendant's cross motion to dismiss due to claimant pleading guilty to charges.
Score: 236 May 14, 2020 2020-045-032 : SOLER v. THE STATE OF NEW YORK, # 2020-045-032, Claim No. 133086, Motion No. M-94744 M-94744
Claimant's motion for an order permitting a notice of medical malpractice deemed timely filed nunc pro tunc.
Score: 637 May 14, 2020 2020-045-033 : BELLARDINI v. THE STATE OF NEW YORK, # 2020-045-033, Claim No. 133904, 131444, 131277 , Motion No. M-94956 M-94956
Claimant's motion for late claim relief. Claimant assaulted in Pilgrim Psychiatric Center. Claims for negligent hiring only.
Score: 537 May 13, 2020 2020-045-030 : RAMIREZ v. THE STATE OF NEW YORK, # 2020-045-030, Claim No. 134103, Motion Nos. M-95175, M-95176 M-95175, M-95176
Claimant's motion for default judgment. Defendant's motion to dismiss due to lack of verification and improper cause of action.
Score: 626 May 13, 2020 2020-045-013 : DIAZ v. THE STATE OF NEW YORK, # 2020-045-013, Claim No. 131928, Motion No. M-94558, Cross-Motion No. CM-94673 M-94558
Pro se claimant's motion for default. Defendant's cross-motion to dismiss due to failure to serve claim.
Score: 687 May 12, 2020 2020-045-029 : WYSE v. THE STATE OF NEW YORK, # 2020-045-029, Claim No. None, Motion No. M-95184 M-95184
Claimant's late claim motion, pro se.
Score: 626 May 12, 2020 2020-045-028 : PIERRE v. THE STATE OF NEW YORK, # 2020-045-028, Claim No. None, Motion No. M-95138 M-95138
Claimant's late claim motion, pro se.
Score: 555 May 12, 2020 2020-045-027 : BRIDGES v. THE STATE OF NEW YORK, # 2020-045-027, Claim No. 134100, Motion No. M-95174 M-95174
Defendant's motion to dismiss based on failure to serve claim.
Score: 659 May 12, 2020 2020-045-026 : ALAM v. THE STATE OF NEW YORK, # 2020-045-026, Claim No. 134211, Motion No. M-95228 M-95228
Defendant's motion to dismiss based on immunity etc.
Score: 449 May 12, 2020 2020-045-025 : CARTER v. THE STATE OF NEW YORK, # 2020-045-025, Claim No. 133284, Motion No. M-95089 M-95089
Pro Se motion to compel discovery.
Score: 498 May 12, 2020 2020-053-007 : BENNETT v. STATE OF NEW YORK, # 2020-053-007, Claim No. 120970 
After a trial of this pro se claim alleging a cause of action for assault and battery and the use of excessive force by a correction officer, the Court dismissed the claim as claimant failed to establish that he was assaulted or that excessive force was used. In addition, claimant failed to establish that he suffered any injury as a result of the incident.
Score: 449 May 12, 2020 2020-053-005 : THOMPSON v. THE STATE OF NEW YORK, # 2020-053-005, Claim No. 131822 
After a trial of this pro se claim alleging that claimant sustained injuries after an assault by another inmate, the Court dismissed the claim as claimant failed to establish that the State was negligent in permitting  a sudden and unprovoked assault to occur.
Score: 626 May 12, 2020 2020-053-003 : HUEGEL v. STATE OF NEW YORK, STATE UNIVERSITY OF NEW YORK AT BUFFALO, # 2020-053-003, Claim No. 128290 
Following a unified trial of a claim by a student participant in an experimental study conducted by the SUNY at Buffalo, the Court found the State of New York negligent, including a failure to properly and adequately screen the claimant for the study and for using a prescription medical device without a physician's order and without a physician evaluating claimant. The Court awarded claimant $2,159,000, including $659,000 for future lost wages, $500,000 for past pain and suffering and $1,000,000 for future pain and suffering. As such a structured judgment is required pursuant to CPLR 5041(e).
Score: 149 May 11, 2020 2020-015-055 : GURVEY v. THE STATE OF NEW YORK, # 2020-015-055, Claim No. 128261, Motion No. M-95159 M-95159
Claimant's motion for summary judgment was denied as the claim was previously dismissed.
Score: 388 May 11, 2020 2020-045-024 : THOMAS v. THE STATE OF NEW YORK, # 2020-045-024, Claim No. 125717, Motion No. M-95243 M-95243
Pro Se motion to compel discovery.
Score: 449 May 8, 2020 2020-015-047 : NASH v. STATE OF NEW YORK, # 2020-015-047, Claim No. 129666, Motion No. M-95278 M-95278
Pro se claimant's motion for the issuance of subpoenas was denied.
Score: 498 May 7, 2020 2020-015-052 : MATHEWS v. STATE OF NEW YORK(1) , # 2020-015-052, Claim No. None, Motion No. M-95163 M-95163
Application for permission to file a late claim alleging negligent failure to place safety rails on college student's upper bunk was granted.
Score: 518 May 7, 2020 2020-045-019 : GRAY v. THE STATE OF NEW YORK, # 2020-045-019, Claim No. None, Motion No. M-94972 M-94972
Motion to file a late claim, single car MVA due to puddle on highway. Claim is for negligent roadway design.
Score: 570 May 7, 2020 2020-045-020 : Title not available M-95007
Follow-up order dismissing claim after order to show cause regarding lack of service.
Score: 537 May 6, 2020 2020-058-024 : METTLER v. STATE OF NEW YORK, # 2020-058-024, Claim No. NONE, Motion No. M-94998 M-94998
Motion for permission to serve and file a late claim denied as unnecessary; claim was timely served and filed.
Score: 475 May 6, 2020 2020-015-054 : WALKER v. STATE OF NEW YORK, # 2020-015-054, Claim No. 131860, Motion No. M-95352 M-95352
Score: 704 May 6, 2020 2020-058-020 : WALKER v. STATE OF NEW YORK, # 2020-058-020, Claim No. NONE, Motion No. M-95172 M-95172
Motion for permission to serve and file a late claim granted insofar as it seeks to allege a cause of action for failure to provide a safe workplace and otherwise denied.
Score: 637 May 6, 2020 2020-015-038 : LEE v. THE STATE OF NEW YORK, # 2020-015-038, Claim No. 129942, Motion Nos. M-95149, M-95150, M-95151 M-95149, M-95150, M-95151
Claimant's motion for in camera review of a file of the Office of Special Investigations (OSI) and for the issuance of subpoenas was granted in part. The Court found defendant's redactions to the OSI file appropriate and directed the defendant to produce the redacted file and several witnesses for trial without the need for subpoenas.
Score: 236 May 6, 2020 2020-015-043 : SMYTHE v. STATE OF NEW YORK, # 2020-015-043, Claim No. 133137, Motion No. M-95147 M-95147
Claimant's motion for summary judgment was denied as he failed to support the motion with copies of the pleadings or proof in admissible form.
Score: 537 May 6, 2020 2020-015-044 : GREEN v. STATE OF NEW YORK, # 2020-015-044, Claim No. NONE, Motion No. M-95370 M-95370
Movant's application for leave to serve and file a late claim was denied as the majority of factors required for consideration did not weigh in his favor.