New York State Court of Claims

New York State Court of Claims

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Score: 498 October 9, 2019 2019-038-593 : FORBES v. STATE OF NEW YORK, # 2019-038-593, Claim No. 125520, Motion No. M-94584 M-94584
Defendant's motion to dismiss the claim for lack of jurisdiction granted. Claim was improperly served by regular first class mail.
Score: 149 October 7, 2019 2019-038-596 : ROBERTS v. THE STATE OF NEW YORK, # 2019-038-596, Claim No. 125532, Motion No. M-94615 M-94615
Defendant's motion for summary judgment denied. Defendant failed to submit any of the pleadings, including its own answer.
Score: 537 October 7, 2019 2019-038-595 : RICHINS v. STATE OF NEW YORK, # 2019-038-595, Claim No. 125525, Motion No. M-94587 M-94587
Defendant's motion to compel claimant to served expert disclosures by a date certain and to dismiss the claim if he fails to comply denied. Defendant failed to served claimant with a request for expert disclosure prior to make the instant motion, and in any event, the claim cannot be dismissed on that basis at this stage of the litigation.
Score: 613 October 7, 2019 2019-038-594 : GAJADHAR v. THE STATE OF NEW YORK, # 2019-038-594, Claim No. 121461, Motion No. M-94430 M-94430
Defendant's motion to dismiss the claim as untimely is denied. Defendant moved for identical relief in a previous motion and is barred by the
Score: 498 October 3, 2019 2019-038-592 : ANTROBUS v. STATE OF NEW YORK, # 2019-038-592, Claim No. 125516, Motion No. M-94583 M-94583
Defendant's motion to dismiss the claim for lack of jurisdiction due to improper method of service (regular mail) held in abeyance pending submissions from the parties as to whether defendant was served with the amended claim.
Score: 696 September 27, 2019 2019-038-113 : GUMBS v. THE STATE OF NEW YORK, # 2019-038-113, Claim No. 125351 
Score: 420 September 24, 2019 2019-058-009 : COLSON v. THE STATE OF NEW YORK, # 2019-058-009, Claim No. 127552 
Claim for wrongful confinement dismissed after trial on the ground that Claimant failed to establish his confinement was not privileged.
Score: 420 September 20, 2019 2019-038-588 : MOREAU v. STATE OF NEW YORK(1) , # 2019-038-588, Claim No. 125396, Motion No. M-94446 M-94446
Claimant's motion, insofar as it can be construed as a motion to dismiss jurisdictional defenses or a motion seeking summary judgment, denied for failure to append a copy of the pleadings.
Score: 570 September 20, 2019 2019-045-028 : CAMARANO v. THE STATE OF NEW YORK, # 2019-045-028, Claim No. 132591, Motion Nos. M-93555, M-93828 M-93555, M-93828
Defendant's motion to dismiss claim due to service by regular mail. Claimant's motion for a preliminary injunction and a temporary restraining order.
Score: 626 September 18, 2019 2019-038-112 : GARMLEY v. THE STATE OF NEW YORK, # 2019-038-112, Claim No. 129218 
Score: 449 September 16, 2019 2019-029-072 : ELY v. THE STATE OF NEW YORK, # 2019-029-072, Claim No. 126282, Motion No. M-94433 M-94433
The claim seeks damages for injuries from fall resulting from cane collapsing at Taconic C.F. The court granted, in part, claimant's motion to sanction defendant for spoliation based on loss of the broken cane, to the extent of drawing an adverse inference that the missing cane would not support defendant's position at trial. The motion was otherwise denied.
Score: 722 September 13, 2019 2019-040-091 : COUTURE v. THE STATE OF NEW YORK, # 2019-040-091, Claim No. 130323, Motion No. M-94282 M-94282
Motion to withdraw as counsel granted.
Score: 626 September 12, 2019 2019-053-015 : DEERING v. THE STATE OF NEW YORK, # 2019-053-015, Claim No. 123256 
After a bifurcated trial on the issue of liability, the Court found that the State had actual notice of the presence of a dangerous condition at the access road intersection where the motor vehicle accident occurred.  Although the State had recommended closure of the access road three years prior to the subject accident, it failed to erect a temporary closure to remedy it until the project could be completed.  The Court found that there was an unjustifiable delay by the State in implementing a remedial plan to address the safety deficiencies.  Liability was apportioned 50% against the State and 50% against the claimant driver.
Score: 555 September 11, 2019 2019-018-056 : AGNESS v. STATE OF NEW YORK, # 2019-018-056, Claim No. 123203 
Damages trial granting award for pain, suffering, and lost wages after summary judgment finding State liable for injuries Claimant sustained when he was attacked by a rabid fox.
Score: 347 September 11, 2019 2019-059-011 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-011, Claim No. 130084 
Score: 585 September 11, 2019 2019-040-088 : FREEMAN v. STATE OF NEW YORK, # 2019-040-088, Claim No. 125686, Motion No. M-94380 M-94380
Motion to Dismiss Claim for failure to properly serve Claim upon Defendant granted.
Score: 600 September 11, 2019 2019-059-010 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-059-010, Claim No. 130083 
Score: 149 September 10, 2019 2019-015-187 : HASSAN v. THE STATE OF NEW YORK, # 2019-015-187, Claim No. NONE, Motion No. M-94405 M-94405
Motion for late claim relief was adjourned to permit defendant to respond.
Score: 388 September 4, 2019 2019-038-111 : GALLOWAY v. STATE OF NEW YORK, # 2019-038-111, Claim No. 128472 
Claim for assault and battery dismissed after trial. Claimant failed to prove by a preponderance of the credible evidence that he was subjected to an assault and battery by defendant's agents while acting withing the scope of their employment.
Score: 388 August 30, 2019 2019-041-057 : MOSBY v. THE STATE OF NEW YORK, # 2019-041-057, Claim No. 115977, Motion No. M-94376 M-94376
Claim is dismissed for failure to prosecute pursuant to CPLR 3216.
Score: 347 August 29, 2019 2019-038-581 : C.G. v. THE STATE OF NEW YORK, # 2019-038-581, Claim No. 131938, Motion No. M-94243 M-94243
Claimant's motion to compel discovery denied as premature. Claimant failed to demonstrate that a discovery demand was previously served on defendant.
Score: 347 August 28, 2019 2019-015-186 : ANAND v. THE STATE OF NEW YORK, # 2019-015-186, Claim No. 129898, 129899, Motion No. M-94400 M-94400
Pro se claimant's motion for the issuance of subpoenas to compel the attendance of witnesses and documents at trial was denied as the defendant agreed to produce the witness and materials that claimant demonstrated were material and necessary to the prosecution of his claim. Subpoenas were therefore unnecessary.
Score: 678 August 27, 2019 2019-053-535 : CRISALLI v. THE STATE OF NEW YORK, # 2019-053-535, Claim No. NONE, Motion No. M-93909 M-93909
Pro se inmate's motion for permission to late file claim is denied as all of the factors to be considered weighed against movant's motion.
Score: 449 August 26, 2019 2019-059-004 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-004, Claim No. 133093-A, Motion No. M-94272 M-94272
Score: 388 August 26, 2019 2019-059-006 : WALKER v. THE STATE OF NEW YORK, # 2019-059-006, Claim No. 132032, Motion No. M-94275 M-94275
Score: 537 August 26, 2019 2019-059-001 : DYE v. THE STATE OF NEW YORK, # 2019-059-001, Claim No. , Motion No. M-94252 M-94252
Score: 518 August 23, 2019 2019-059-002 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-002, Claim No. , Motion No. M-94270 M-94270
Score: 236 August 23, 2019 2019-059-005 : SILVA v. THE STATE OF NEW YORK, # 2019-059-005, Claim No. 130482, Motion No. M-94274 M-94274
Score: 585 August 23, 2019 2019-059-003 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-059-003, Claim No. 133093, Motion No. M-94268 M-94268
Score: 420 August 23, 2019 2019-018-052 : SANCHEZ v. STATE OF NEW YORK, # 2019-018-052, Claim No. 129876, Motion No. M-93945 M-93945
Defendant brings a motion to dismiss the claim. There is no view of the evidence which supports a finding that the amount of water in the shower area was unusual or created an unreasonably dangerous condition above and beyond that typically encountered. Nor is there anything to support a finding that Defendant created or had actual or constructive notice of the alleged unusually slippery condition of this particular shower ( see Seaman , 45 AD3d 1126). The claim is dismissed.
Score: 475 August 22, 2019 2019-054-053 : BUTLER v. THE STATE OF NEW YORK, # 2019-054-053, Claim No. 132920, Motion No. M-94189 M-94189
Dismissal motion denied, claim was served by personal service upon the State within two years of claim's accrual. (Court of Claims Act § 10 [3]).
Score: 600 August 22, 2019 2019-054-054 : LEWIS v. THE STATE OF NEW YORK, # 2019-054-054, Claim No. 133026, Motion No. M-94209 M-94209
Claim dismissed, Claim served on State by regular mail; fails to comply with Court of Claims Act 11 (b), no specific date and wrongdoing attributable to the State in the claim.
Score: 555 August 22, 2019 2019-054-055 : LEWIS v. THE STATE OF NEW YORK, # 2019-054-055, Claim No. 133027, Motion No. M-94210 M-94210
Dismissal motion granted, claim served upon the State by regular mail (Court of Claims Act § 11 [a] [i]).
Score: 570 August 22, 2019 2019-054-063 : GIVENS v. THE STATE OF NEW YORK, # 2019-054-063, Claim No. 130372, Motion No. M-94357 M-94357
Claim dismissed, failure to comply with Court of Claims Act § 11 (b), claim fails to allege any wrongdoing attributable to the State.
Score: 537 August 21, 2019 2019-053-534 : MOORE v. THE STATE OF NEW YORK, # 2019-053-534, Claim No. 132272, Motion No. M-93345 M-93345
Pro se inmate claimants allege that the State's employees engaged in sexual harassment of them at two correctional facilities where they were incarcerated. In lieu of answering the claim, the State moves to dismiss the claim. The State's motion is granted as New York does not recognize a common law cause of action for harassment. Claimants additional causes of action alleging intentional acts and negligent hiring, training and retention are also dismissed.
Score: 637 August 21, 2019 2019-040-080 : MIROIU v. THE STATE OF NEW YORK, # 2019-040-080, Claim No. 132443, Motion Nos. M-93869, M-93870, M-93871 M-93869, M-93870, M-93871
Defendant's pre-Answer Motion to Dismiss the Claim, Amended Claim, and Second Amended Claim granted.
Score: 570 August 20, 2019 2019-053-533 : SCHMIDT v. STATE OF NEW YORK, WESTERN NEW YORK DEVELOPMENTAL DISABILITY SERVICES OFFICE; SOUTH CHAPEL IRA, # 2019-053-533, Claim No. NONE, Motion No. M-93887 M-93887
Movant's motion for permission to late file a claim is granted. Movant established that the majority of the statutory factors weigh in favor of granting late claim relief.
Score: 347 August 19, 2019 2019-038-110 : YOUNG v. THE STATE OF NEW YORK, # 2019-038-110, Claim No. 125176 
Score: 449 August 16, 2019 2019-018-050 : McCargar v. NEW YORK STATE THRUWAY AUTHORITY, # 2019-018-050, Claim No. NONE, Motion No. M-93971 M-93971
Application for late claim is granted.
Score: 347 August 16, 2019 2019-054-065 : ACOSTA v. THE STATE OF NEW YORK, # 2019-054-065, Claim No. 129209 
Bench decision on inmate bailment claim.
Score: 449 August 15, 2019 2019-040-078 : COLLINS v. THE STATE OF NEW YORK, # 2019-040-078, Claim No. 125098 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-077 : BONACORSA v. THE STATE OF NEW YORK, # 2019-040-077, Claim No. 125463 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-076 : BONACORSA v. THE STATE OF NEW YORK, # 2019-040-076, Claim No. 125066 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-075 : CONCEPCION v. THE STATE OF NEW YORK, # 2019-040-075, Claim No. 124937 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-074 : HALL v. THE STATE OF NEW YORK, # 2019-040-074, Claim No. 123322 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-072 : SCOTT v. THE STATE OF NEW YORK, # 2019-040-072, Claim No. 122529 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-071 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-040-071, Claim No. 122321 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-070 : MILLER v. THE STATE OF NEW YORK, # 2019-040-070, Claim No. 121057 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-069 : FULLER v. THE STATE OF NEW YORK, # 2019-040-069, Claim No. 121037 
Claim dismissed for failure to appear at Trial and prosecute the Claim.
Score: 449 August 15, 2019 2019-040-068 : SZYMASZEK v. THE STATE OF NEW YORK, # 2019-040-068, Claim No. 120863 
Claim dismissed for failure to appear at Trial and prosecute the Claim.