New York State Court of Claims

New York State Court of Claims

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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: 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: 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: 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: 678 April 20, 2021 2021-040-016 : POLANCO v. THE STATE OF NEW YORK, # 2021-040-016, Claim No. NONE, Motion No. M-96507 M-96507
Pro se Movant's Motion to serve and file a Claim late denied based upon lack of appearance of merit.
Score: 678 April 19, 2021 2021-038-521 : KNIGHT v. THE STATE OF NEW YORK, # 2021-038-521, Claim No. None, Motion No. M-96454 M-96454
Motion for late claim relief granted in part. Allegations that claimant was subjected to excessive force had the appearance of merit. Request for poor person relief and assignment of counsel denied without prejudice to move for such relief after filing and service of proposed claim.
Score: 347 April 19, 2021 2021-038-522 : P.T. v. THE STATE OF NEW YORK, # 2021-038-522, Claim No. 129992, Motion No. M-96535 M-96535
Defendant's motion to amend its answer granted. Proposed amendment did not plainly lack merit, and claimant consented to the filing and service of the proposed amended answer.
Score: 648 April 16, 2021 2021-053-518 : DIXON v. THE STATE OF NEW YORK, # 2021-053-518, Claim No. 135327, Motion No. M-96236 M-96236
The State's motion to dismiss this Section 8-b claim is granted.The claimant did not establish that the accusatory instrument was dismissed in that one felony conviction remained. In addition, claimant failed to demonstrate that he would be able to succeed with clear and convincing evidence that he did not commit any of the acts charged in the accusatory instrument.
Score: 570 April 14, 2021 2021-015-039 : CAGGIANO v. THE STATE OF NEW YORK, # 2021-015-039, Claim No. 131736, Motion No. M-96443 M-96443
Claim alleging wrongful confinement was dismissed as untimely.
Score: 475 April 13, 2021 2021-015-041 : HERBERT v. STATE OF NEW YORK, # 2021-015-041, Claim No. 132355, Motion No. M-96451 M-96451
Claim was dismissed for improper service.
Score: 149 April 13, 2021 2021-015-040 : ROGERS v. THE STATE OF NEW YORK, # 2021-015-040, Claim No. 132189, Motion No. M-96414 M-96414
Defendant's motion to obtain a copy of the claimant's expert's autopsy report was denied as an earlier autopsy was performed at the defendant's request, and the results were memorialized in a report. As a result, the defendant failed to show a substantial need for the claimant's expert's autopsy report .
Score: 299 April 13, 2021 2021-015-043 : RAMIREZ v. THE STATE OF NEW YORK, # 2021-015-043, Claim No. 131969, Motion No. M-96498 M-96498
Pro se claimant's motion to settle the record on appeal was granted.
Score: 637 April 8, 2021 2021-053-521 : v. ERIE COUNTY, # 2021-053-521, Claim No. 135158, Motion No. M-96334 M-96334
In response to the Order to Show Cause of the Court that the parties submit statements regarding the service of this pro se claim, the State established that the claim was never served on the Attorney General and the claim was dismissed.
Score: 475 April 8, 2021 2021-041-022 : WHITE v. THE STATE OF NEW YORK, # 2021-041-022, Claim No. NONE, Motion No. M-96530 M-96530
Claimant's application to file a late inmate property claim is denied because Court lacks statutory authority to grant such relief; application to file late claim regarding negligence and intentional tort causes of action is denied as moot where claimant has submitted sworn statements that he timely served a notice of intention to file a claim on the Attorney General.
Score: 659 April 7, 2021 2021-053-519 : MANZ v. THE PEOPLE OF THE STATE OF NY, STATE OF NY, HOLLY SLOMAN, DR. DAVID HEFFLER (MHU), JOLIE CURTIS, ASHLEY KRASKAN, WILLIAM COLLINS, DENNIS RANKIN, SHERRIF OFFICER, ULSTER COUNTY, TRUCY AKA TUEY, JUDGE MURPHY, UNDER THEIR OFFICIAL AND INDIVIDUAL CAPACITY., # 2021-053-519, Claim No. 134568, Motion No. M-96081 M-96081
The State's motion to dismiss this pro se claim on the basis that the Court lacks jurisdiction and that service of the claim was both improper and untimely is granted.
Score: 648 April 5, 2021 2021-040-013 : GARCIA v. THE STATE OF NEW YORK, # 2021-040-013, Claim No. NONE, Motion No. M-96429 M-96429
Pro se Movant's Motion for Permission to serve and file a Claim late granted.
Score: 420 April 5, 2021 2021-040-014 : TIRITILLI v. THE STATE OF NEW YORK, # 2021-040-014, Claim No. 134194, Motion No. M-96219 M-96219
Defendant's Motion for Summary Judgment dismissing pro se Claim, regarding drug testing at prison, for failure to state a cause of action granted.
Score: 388 April 5, 2021 2021-040-015 : WASHINGTON v. THE STATE OF NEW YORK, # 2021-040-015, Claim No. 133504, Motion No. M-96375 M-96375
Pro se Claimant's Motion for Summary Judgment denied as Claimant did not serve Motion on Defendant.
Score: 770 April 5, 2021 2021-041-021 : WALSH v. THE STATE OF NEW YORK, # 2021-041-021, Claim No. 131993, Motion No. M-96481 M-96481
Defendant's motion to dismiss claim for lack of subject matter jurisdiction in action alleging that defendant unreasonably revoked claimant/employee's revocable permit to occupy state-owned real property is granted.
Score: 887 April 2, 2021 2021-040-012 : RODRIGUEZ v. STATE OF NEW YORK, # 2021-040-012, Claim No. 135650, Motion Nos. M-96296, M-96339 M-96296, M-96339
State's Motion to Dismiss Claim on basis that the Court lacks jurisdiction as Notice of Intention was untimely served granted. Motion by Claimant to serve and file a Claim late denied based upon lack of appearance of merit.
Score: 648 April 1, 2021 2021-058-012 : HUNT v. STATE OF NEW YORK, # 2021-058-012, Claim No. 126672 
Claim alleging negligent supervision/failure to protect a resident of an Individualized Residential Alternative (IRA) dismissed after trial; Claimant failed to establish by the preponderance of the credible evidence that resident's exit from a second-floor window was reasonably foreseeable; Claimant also did not establish by the preponderance of the credible evidence that the IRA failed to provide adequate staff/training for staff.
Score: 498 April 1, 2021 2021-053-511 : GRAHAM v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-511, Claim No. 135298, Motion No. M-96094, Cross-Motion No. CM-96298 M-96094
Roswell Park Cancer Institute's motion to dismiss the claim and verified complaint as to the personal injury claims is granted. Claimant's cross-motion seeking an order that the notice of claim was timely served applying the doctrine of equitable estoppel is denied; as is claimant's alternative relief seeking discovery as to whether Roswell Park intentionally impeded, impaired or interfered with governmental investigations regarding the actions of defendant's employee.
Score: 388 March 31, 2021 2021-053-515 : BRITTING v. STATE OF NEW YORK, # 2021-053-515, Claim No. 133249, Motion No. M-96181, Cross-Motion No. CM-96255 M-96181
Claimant's motion for partial summary judgment on the issue of liability under Labor Law 240 (1) is denied as questions of fact exist.The State's cross-motion for partial summary judgment dismissing the Labor Law 240 (1) is also denied due to the same issues of fact.
Score: 713 March 30, 2021 2021-054-005 : WILLIAMS v. THE STATE OF NEW YORK, # 2021-054-005, Claim No. 131571, Motion No. M-95350 M-95350
Protective order granted as to overly burdensome interrogatories
Score: 498 March 30, 2021 2021-053-514 : GOBBI v. THE STATE OF NEW YORK, # 2021-053-514, Claim No. 132518, Motion No. M-96098 M-96098
The State's motion for summary judgment is granted in this claim alleging negligence arising from a trip and fall incident in Niagara Falls State Park. The hole, located in a grassy area away from walkways, was not a dangerous condition and there was no actual or constructive notice of its existence.
Score: 600 March 30, 2021 2021-028-510 : CADORE v. THE STATE OF NEW YORK, # 2021-028-510, Claim No. 135656, Motion No. M-96399 M-96399
Score: 236 March 29, 2021 2021-028-513 : FISHER v. THE STATE OF NEW YORK, # 2021-028-513, Claim No. 135760, Motion No. M-96364 M-96364
Score: 299 March 29, 2021 2021-028-511 : SHOMO v. THE STATE OF NEW YORK, # 2021-028-511, Claim No. 131289, Motion No. M-96476 M-96476
Score: 475 March 29, 2021 2021-058-011 : KOIS v. STATE OF NEW YORK, # 2021-058-011, Claim No. 127333, Motion No. M-96377 M-96377
Motion for summary judgment dismissing claims for wrongful death and conscious pain and suffering granted in part and denied in part. There are material issues of fact regarding the proximate cause of decedent's death and whether decedent endured conscious pain and suffering. However, Defendant is entitled to summary judgment dismissing so much of wrongful death cause of action as seeks pecuniary damages beyond funeral expenses.
Score: 555 March 24, 2021 2021-054-009 : THOMAS v. DR. CHOUDRY & DR. FULLERTON (WESTCHESTER MEDICAL CENTER), THE STATE OF NEW YORK, # 2021-054-009, Claim No. 133639, Motion No. M-96249 M-96249
Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim.
Score: 555 March 24, 2021 2021-054-010 : THOMAS v. ROBERT BENTIVEGNA, STATE OF NEW YORK, # 2021-054-010, Claim No. 133312, Motion No. M-96197 M-96197
Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim.
Score: 449 March 23, 2021 2021-041-020 : WILSON v. THE STATE OF NEW YORK, # 2021-041-020, Claim No. 132278, Motion No. M-96439 M-96439
Claimant's motion for an order precluding defendant from offering certain evidence at trial in claim alleging that claimant/pedestrian was negligently struck by defendant state police car is granted in part and denied in part: Defendant is precluded from offering evidence that claimant was involved in a prior pedestrian/vehicle accident where prior incident is not substantially similar to present claim and prejudicial effect of such evidence is outweighed by any probative value; next, defendant is not precluded from offering evidence as to the applicable speed limit at the accident location.
Score: 713 March 22, 2021 2021-038-519 : McGINNIS v. STATE OF NEW YORK NYS DOL, # 2021-038-519, Claim No. 135179, Motion Nos. M-96417, M-96421 M-96417, M-96421
Claimant's motions to reargue and to amend the claim denied. Claimant's motion to reargue Court's prior decision dismissing the claim on subject matter jurisdiction grounds failed to persuade the Court that it overlooked or misapprehended any matter of law or fact. Claimant's motion to amend dismissed claim denied as moot.
Score: 498 March 22, 2021 2021-054-008 : NUNEZ-PEREZ v. STATE OF NEW YORK, # 2021-054-008, Claim No. 134727, Motion No. M-96154 M-96154
Order to Show Cause dismissed for lack of jurisdiction.
Score: 555 March 18, 2021 2021-054-007 : THOMAS v. DR. BENTIVEGNA, DEP. BALDWIN, KATIE INTERFINO, DORA BARRIZO, # 2021-054-007, Claim No. 133640, Motion No. M-96191 M-96191
Court's Order to Show Cause - Claim dismissed, the Court is without jurisdiction over the claim.
Score: 347 March 18, 2021 2021-015-038 : LEE v. THE STATE OF NEW YORK, # 2021-015-038, Claim No. 129942, Motion No. M-96434 M-96434
Claimant's motion to settle a claim because of defendant's alleged destruction of evidence was denied.
Score: 570 March 18, 2021 2021-058-008 : J.B. v. STATE OF NEW YORK, # 2021-058-008, Claim No. 135895, Motion No. M-96516 M-96516
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: 537 March 18, 2021 2021-038-517 : JACOBS v. STATE OF NEW YORK, # 2021-038-517, Claim No. 132358, Motion No. M-96238 M-96238
In a claim alleging inmate-on-inmate assault, claimant's motion to compel production of an alleged assailant's disciplinary history granted in part. Claimant was entitled only to discovery of the alleged assailant's disciplinary history showing discipline for prior assaultive acts.
Score: 744 March 18, 2021 2021-053-512 : BARNETT v. THE CITY UNIVERSITY OF NEW YORK, # 2021-053-512, Claim No. 132110, Motion Nos. M-95981 M-95983 M-95981 M-95983
The State's motion for summary judgment in a claim for personal injuries arising from an assault and battery by an unnamed assailant on the campus of the CUNY College of Staten Island is granted. Claimant's motion to amend the claim to add an additional cause of action and for summary judgment is denied.
Score: 475 March 15, 2021 2021-053-002 : LITTLE v. STATE OF NEW YORK, # 2021-053-002, Claim No. 131167 
Following a trial on the issue of liability only, the Court determined that claimant established that the State had constructive notice of the existence of a pothole and that it was a proximate cause of the accident and claimant's resulting injuries. Claimant's negligence determined to be the primary cause of the accident and liability was apportioned with 25% against the State and 75% against claimant.
Score: 637 March 12, 2021 2021-053-504 : GOEHRIG v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-504, Claim No. NONE, Motion No. M-95975 M-95975
Movant's motion for permission to serve a late notice of claim nunc pro tunc upon Roswell Park Cancer Institute is denied as to the personal injury claims and granted as to the wrongful death claim. The Governor's Executive Orders did not apply to extend the applicable statute of limitations; CPLR 214-c applies but the motion remains untimely for the personal injury claims; and the defense of equitable estoppel does not apply to these facts.
Score: 388 March 12, 2021 2021-028-509 : CAMPBELL v. THE STATE OF NEW YORK, # 2021-028-509, Claim No. 135359, Motion No. M-96090 M-96090
Score: 600 March 11, 2021 2021-038-516 : PINE v. THE STATE OF NEW YORK, # 2021-038-516, Claim No. 132813, Motion Nos. M-96291, M-96373 M-96291, M-96373
Claimant's motion for a protective order denied. Claimant's responses to certain interrogatory questions rendered the motion moot with regard to those questions; claimant's conclusory assertions failed to persuade the Court to grant claimant's motion with regard to the remaining questions. Defendant's motion to compel responses to its document demands granted on default. Defendant demonstrated that it had served document demands and that claimant did not respond thereto.
Score: 537 March 9, 2021 2021-028-508 : STEGEMAN v. THE STATE OF NEW YORK, # 2021-028-508, Claim No. 134347, Motion No. M-96283 M-96283
Bailment claim is jurisdictionally defective as it does not comply with the pleading requirements of Court of Claims Act 11(b). Claimant's attempt to cure defect with unauthorized amended claim was a nullity. Defendant's unopposed motion for dismissal of the claim is granted.
Score: 600 March 8, 2021 2021-038-515 : BROCKINGTON v. COMMISSIONER OF NYS - DOCCS, # 2021-038-515, Claim No. 135516, Motion No. M-96379 M-96379
Claim dismissed for lack of service on the Attorney General.
Score: 570 March 5, 2021 2021-053-502 : NELSON v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-502, Claim No. NONE, Motion No. M-95774 M-95774
Movant's motion for permission to serve a late notice of claim upon Roswell Park Cancer Institute is denied. Governor's Executive Orders did not apply to extend the applicable statute of limitations; the doctrine of equitable estoppel does not apply to these facts; CPLR 214-c applies to the claim but the motion remains untimely; and continuous treatment doctrine does not apply to these facts.
Score: 347 March 5, 2021 2021-015-036 : SANTIAGO v. STATE OF NEW YORK, # 2021-015-036, Claim No. 132357, Motion No. M-96383 M-96383
Claimant's motion for the imposition of discovery sanctions was denied as his discovery requests were over broad.
Score: 449 March 4, 2021 2021-015-035 : EL BEY v. STATE OF NEW YORK, # 2021-015-035, Claim No. 135211, Motion No. M-96277 M-96277
Claimant's motion for reargument was denied as this Court lacks jurisdiction to review determinations of the New York State Department of Taxation and Finance.