New York State Court of Claims

New York State Court of Claims

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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: 498 April 1, 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 696 March 4, 2021 2021-038-514 : VEGA v. THE STATE OF NEW YORK, # 2021-038-514, Claim No. 133980, Motion No. M-96342 M-96342
Claimant's motion for reargument of decision denying sanctions for discovery violations granted in part, and upon reargument, the Court adheres to its prior decision. Although Court may have misapprehended that defendant's failure to respond to claimant's repeated discovery demands did not constitute wilful failure to disclose under CPLR 3126, the record did not support striking defendant's affirmative defenses, as claimant had sought.
Score: 585 March 4, 2021 2021-058-006 : JOHNSON v. STATE OF NEW YORK, # 2021-058-006, Claim No. NONE, Motion No. M-96333 M-96333
Motion for permission to serve and file a late claim denied as unnecessary as the Claim was timely filed and served; Notice of Intention was timely and properly served and time to serve and file Claim was tolled pursuant to Executive Order 202.8 et seq.
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.
Score: 518 March 3, 2021 2021-015-034 : FREEMAN v. THE STATE OF NEW YORK, # 2021-015-034, Claim No. 129642, Motion No. M-96097, Cross-Motion No. CM-96367 M-96097
Claimant's motion for partial summary judgment on the issue of liability and defendant's cross motion to amend its answer were both denied. Claimant failed to demonstrate his entitlement to summary judgment as a matter of law and defendant's request to amend its answer to allege a defect in the notice of intention lacked merit in the absence of a defense to the timeliness of the claim.
Score: 299 March 2, 2021 2021-038-513 : WYNTER v. STATE OF NEW YORK, # 2021-038-513, Claim No. 135311, Motion No. M-96268 M-96268
Defendant's pre-answer motion to dismiss for lack of jurisdiction on the ground that it was improperly served by regular mail granted.
Score: 518 March 2, 2021 2021-038-512 : BENNETT v. N.Y.S. DIVISION OF PAROLE, # 2021-038-512, Claim No. 135509, Motion No. M-96265 M-96265
Defendant's pre-answer motion to dismiss the claim on the grounds that it failed to comply with the jurisdictional pleading requirements of Court of Claims § 11 (b) granted. Pleading was manifestly non-compliant with Court of Claims Act § 11 (b) as it was bereft of any factual allegations as to the nature of defendant's liability, and it omitted the time, precise place and items of damages or injuries sustained.
Score: 600 March 2, 2021 2021-041-015 : BOUCHARD v. THE STATE OF NEW YORK, # 2021-041-015, Claim No. 132209, Motion No. M-96027 M-96027
Defendant's motion for summary judgment dismissing claim which alleged that defendant's negligent governmental function regulation of harness track race caused claimant/harness driver to be injured is granted where New York State Gaming Commission owed no negligence-based common law duty or special relationship duty to claimants to enforce gaming regulations for safety of harness driver as he participated in the business of harness racing.
Score: 555 February 26, 2021 2021-015-030 : RANDOLPH v. THE STATE OF NEW YORK, # 2021-015-030, Claim No. 129531, Motion No. M-96274 M-96274
Claimant's motion for reconsideration of this Court's prior Decision and Order dismissing the claim for failure to exhaust the administrative claims remedy available to inmates injured by the loss or damage to their personal property was denied. Claimant's conclusory assertion that his legal proof remains under the control of the Department of Corrections and Community Supervision may not overcome a jurisdictional prerequisite to the assertion of jurisdiction under Court of Claims Act § 10 (9).
Score: 763 February 26, 2021 2021-058-005 : JUBENVILLE v. STATE OF NEW YORK, # 2021-058-005, Claim No. 135614, Motion No. M-96360, Cross-Motion No. CM-96391 M-96360
Motion to dismiss the Claim granted; Notice of Intention failed to set forth how the State was negligent in causing Claimants' injuries and did not state a cause of action for loss of consortium. The defective Notice of Intention did not extend Claimant's time to serve and file the Claim. Cross Motion for leave to amend and/or supplement the Notice of Intention denied.
Score: 388 February 26, 2021 2021-015-033 : GILMORE v. THE STATE OF NEW YORK, # 2021-015-033, Claim No. 133576, Motion No. M-96356 M-96356
Pro se claimant's motion for a default judgment was denied as procedurally defective.
Score: 347 February 25, 2021 2021-053-506 : BUSH v. THE STATE OF NEW YORK, # 2021-053-506, Claim No. 125154, Motion No. M-96005 M-96005
The State's motion for summary judgment in a claim brought by a former inmate alleging that the State negligently failed to protect him from an assault by his cell mate is granted. The State established that the assault was not reasonably foreseeable and that discretionary decisions regarding security and staffing were reasonable.
Score: 388 February 25, 2021 2021-053-508 : ROUNDTREE v. THE STATE OF NEW YORK, # 2021-053-508, Claim No. 134004, Motion No. M-96221 M-96221
Inmate claimant's motion for summary judgment on a claim alleging the loss of personal property is denied as questions of fact exist.
Score: 600 February 24, 2021 2021-015-023 : O'SHEA v. NEW YORK STATE THRUWAY AUTHORITY, # 2021-015-023, Claim No. 135226, Motion No. M-96069, Cross-Motion No. CM-96217 M-96069
Defendant's cross motion to dismiss the claim as untimely was granted and claimant's motion to file a late claim was denied as she failed to demonstrate that the majority of factors to be considered weighed in her favor.
Score: 537 February 23, 2021 2021-015-029 : WARD v. THE STATE OF NEW YORK, # 2021-015-029, Claim No. 135466, Motion No. M-96266 M-96266
Claim was dismissed for lack of jurisdiction as the claim arose from conditions in a local jail. To the extent the claim was based on conduct of the state, it failed to meet the pleading requirements of Court of Claims Act § 11 (b).
Score: 236 February 23, 2021 2021-015-024 : SAMUELS v. THE STATE OF NEW YORK, # 2021-015-024, Claim No. 135101, Motion No. M-96004 M-96004
Pro se inmate's motion for summary judgment on his claim alleging both dental malpractice and lack of informed consent was denied as he failed to support his motion with expert medical proof or evidence of lack of informed consent.
Score: 475 February 23, 2021 2021-015-032 : VISCUSO v. THE STATE OF NEW YORK, # 2021-015-032, Claim No. 135557, Motion No. M-96295 M-96295
Defendant's dismissal motion was denied as it failed to establish that the place where the accident allegedly occurred was inadequately alleged in the claim.
Score: 570 February 23, 2021 2021-015-027 : CODRINGTON v. THE STATE OF NEW YORK, # 2021-015-027, Claim No. 131751, Motion No. M-96084, Cross-Motion No. CM-96245 M-96084
Defendant's cross motion for dismissal of an unserved claim was granted and claimant's motion for an extension of time to serve a late claim and for summary judgment was granted to the limited extent of extending the time set forth in a prior Decision and Order for filing and service of a late claim and was otherwise denied.
Score: 388 February 19, 2021 2021-015-025 : HIZBULLAH-ANKHAMON v. THE STATE OF NEW YORK, # 2021-015-025, Claim No. 133934, Motion No. M-96234, Cross-Motion No. CM-96288 M-96234
Pro se claimant's motion for summary judgment was denied because the motion was unsupported by the pleadings or evidence necessary to establish a prima facie case. Defendant's cross motion was granted to the limited extent of dismissing any constitutional claims.
Score: 449 February 19, 2021 2021-053-003 : BENNETT v. THE STATE OF NEW YORK, # 2021-053-003, Claim No. 124031 
Following a trial on the issue of liability only, the Court determined that claimant failed to establish that condition of concrete sidewalk at Groveland Correctional Facility caused claimant to fall and his ensuing injuries. The State's motion for a directed verdict was denied. The claim is dismissed.
Score: 149 February 19, 2021 2021-015-017 : HAMILTON v. STATE OF NEW YORK, # 2021-015-017, Claim No. 129318, Motion No. M-96077 M-96077
Claimant's motion for partial summary judgment on his cause of action for loss of sepulcher was granted. The Department of Corrections and Community Supervision's (DOCCS) efforts to notify the deceased inmate's next- of- kin of his death were unreasonable under the circumstances since they failed to correspond with the deceased boy's family at the address indicated in DOCCS' records, as required by DOCCS' own rules and the common law standard of care.
Score: 236 February 18, 2021 2021-028-507 : BROWN v. THE STATE OF NEW YORK, # 2021-028-507, Claim No. 131193, Motion No. M-96299 M-96299
Score: 449 February 18, 2021 2021-053-505 : PARSONS v. THE STATE OF NEW YORK, # 2021-053-505, Claim No. 129889, Motion No. M-96320, Cross-Motion No. CM-96368 M-96320
State's motion for a protective order pursuant to CPLR 3103 holding that defendant need not provide responses to claimant's supplemental notice to produce granted, in part, and denied, in part. Claimant's cross-motion granted to the extent of ordering a deposition of a retired employee.
Score: 555 February 18, 2021 2021-028-506 : MANKO v. THE STATE OF NEW YORK, # 2021-028-506, Claim No. 133688, Motion No. M-94850 M-94850
Defendant's motion to dismiss the claim was granted..
Score: 236 February 16, 2021 2021-028-503 : JAIPUR v. THE STATE OF NEW YORK , # 2021-028-503, Claim No. 135492, Motion No. M-96308 M-96308
Score: 626 February 16, 2021 2021-054-004 : v. THE STATE OF NEW YORK, # 2021-054-004, Claim No. 135159, Motion No. M-96052 M-96052
Motion to dismiss failure to state a cause of action Court of Claims Act 11 (b). Court of Claims is a court of limited jurisdiction and Rockland County is not a proper party defendant.
Score: 648 February 16, 2021 2021-028-505 : FOY v. THE STATE OF NEW YORK, # 2021-028-505, Claim No. 135085, Motion No. M-96322 M-96322
Score: 347 February 10, 2021 2021-028-504 : MEEHAN v. THE STATE OF NEW YORK, # 2021-028-504, Claim No. 134544, Motion No. M-96304 M-96304
Score: 722 February 10, 2021 2021-058-004 : THOMPSON v. STATE OF NEW YORK, # 2021-058-004, Claim No. NONE, Motion No. M-96262 M-96262
Motion for permission to serve and file a late claim alleging medical malpractice granted.
Score: 570 February 10, 2021 2021-054-003 : DRAKE v. THE STATE OF NEW YORK, # 2021-054-003, Claim No. NONE, Motion No. M-95658 M-95658
Late claim application denied inmate fell in a collapsing chair, no appearance of merit
Score: 475 February 9, 2021 2021-015-021 : Utica National Insurance Company v. THE STATE OF NEW YORK, # 2021-015-021, Claim No. NONE, Motion No. M-95965 M-95965
Claimant's motion for leave to file a late claim for property damage to its subrogor's motor cycle was granted.