New York State Court of Claims

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	December 28, 2018	2018-015-188 : FRANCE v. THE STATE OF NEW YORK, # 2018-015-188, Claim No. 124991, Motion No. M-93024 M-93024 Pro se inmate's motion for summary judgment in medical malpractice case was denied.
	December 27, 2018	2018-015-185 : LESLIE v. STATE OF NEW YORK, # 2018-015-185, Claim No. 125998, Motion No. M-92985 M-92985 Defendant's motion to dismiss the claim for lack of service was granted.
	December 27, 2018	2018-015-187 : KARRIS v. STATE OF NEW YORK, # 2018-015-187, Claim No. 124997, Motion No. M-92986 M-92986 Defendant's motion to dismiss the claim for lack of service was granted.
	December 6, 2018	2018-041-083 : OGLESBY v. THE STATE OF NEW YORK, # 2018-041-083, Claim No. 130896, Motion No. M-92937 M-92937 Claim is dismissed pursuant to Court of Claims Act § 15 and CPLR § 1021 for failure to make timely substitution upon claimant's death.
	December 6, 2018	2018-053-566 : GERRISH v. STATE UNIVERSITY OF NEW YORK AT BUFFALO, # 2018-053-566, Claim No. 130931, Motion No. M-92703 M-92703 Claimant brought a claim alleging breach of an implied contract after being terminated from a SUNY Ph.D program. No answer to the claim was filed and the Court by Order to Show Cause ordered the parties to submit statements regarding the service of this claim. Claimant failed to respond to the Court's Order to Show Cause and as SUNY demonstrated that no claim was timely served upon the Attorney General, the claim is dismissed.
	December 6, 2018	2018-054-117 : JENKINS v. THE STATE OF NEW YORK, # 2018-054-117, Claim No. 125217  Claimant requested an adjournment and was denied. Claim dismissed for failure to prosecute.
	December 6, 2018	2018-053-565 : FERGUSON v. STATE OF NEW YORK, # 2018-053-565, Claim No. 129854, Motion No. M-92747 M-92747 Claimant, a represented inmate, brought a claim for wrongful confinement. The State's motion for summary judgment dismissing the claim for lack of jurisdiction is granted and the claim is dismissed.
	December 3, 2018	2018-018-982 : EDWARDS v. STATE OF NEW YORK, # 2018-018-982, Claim No. 128000  Claimant failed to prove his claim pursuant to 7 NYCRR section 1700.8. Claim is dismissed.
	December 3, 2018	2018-040-104 : QUINONES v. THE STATE OF NEW YORK, # 2018-040-104, Claim No. 129683, Motion No. M-92408, Cross-Motion No. CM-92625 M-92408 Both sides moved for summary judgment. Both motions denied.
	November 30, 2018	2018-041-505 : MCFADDEN v. THE STATE OF NEW YORK, # 2018-041-505, Claim No. 113641  Claim alleging that correction officers assaulted the inmate/claimant without provocation on three separate times in different locations on the same day is dismissed after trial where claimant's testimony lacked credibility; to find liability Court would be required to discount the credible trial testimony of the correction officers and conclude that the correction officers conspired to repeatedly assault claimant without cause and without provocation, and, in the aftermath of the assaults, conspired to separately fabricate contemporaneous detailed written accounts of the events.
	November 30, 2018	2018-051-503 : JOHNSON v. THE STATE OF NEW YORK, # 2018-051-503, Claim No. 118328, 118527, 118609  Claimant was previously warned against filing frivolous claims, but failed to limit his litigation accordingly. Sanctions are awarded requiring the Court's permission before filing any new claims.
	November 29, 2018	2018-041-081 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-041-081, Claim No. 129687, Motion No. M-92832 M-92832 Claimant's motion (M-92832) to reargue/renew defendant's prior dismissal motion (M-92240), which resulted in dismissal of claim for failure to serve claim by certified mail, return receipt requested, is denied; claimant's reargument/renewal motion is based upon the purported
	November 29, 2018	2018-045-039 : CLARK v. THE STATE OF NEW YORK, # 2018-045-039, Claim No. 130843, Motion No. M-92458 M-92458 Defendant's motion to dismiss the claim as untimely.
	November 28, 2018	2018-041-080 : FIGAT v. THE STATE OF NEW YORK, # 2018-041-080, Claim No. 131830, Motion No. M-92853 M-92853 Claim is dismissed where Court lacks jurisdiction over claim which fails to adequately state the nature of the claim, as required by Court of Claims Act § 11 (b), and the claim was untimely filed and served.
	November 27, 2018	2018-041-079 : RUCANO v. THE STATE OF NEW YORK, # 2018-041-079, Claim No. 128599, Motion No. M-92729 M-92729 Claimant's motion for summary judgment on bailment claim is denied where claimant fails to prove, as a matter of law, that the property (legal papers) was lost or destroyed while in defendant's custody and control and fails to show that the allegedly lost legal papers had any value in a pending or future legal proceeding.
	November 26, 2018	2018-044-571 : JACOBS v. THE STATE OF NEW YORK, # 2018-044-571, Claim No. None, Motion No. M-92709 M-92709 Motion for late claim for negligent conduct and unlawful arrest.
	November 21, 2018	2018-041-078 : FISHER v. THE STATE OF NEW YORK, # 2018-041-078, Claim No. NONE, Motion No. M-92702 M-92702 Application to file and serve late claim alleging that correction officer used excessive force on claimant is granted as allegations provide reasonable excuse for delay and cause to believe a valid cause of action may exist.
	November 21, 2018	2018-040-103 : BALBI v. THE STATE OF NEW YORK, # 2018-040-103, Claim No. 129684, Motion No. M-92412 M-92412 Defendant's Motion to Dismiss for lack of jurisdiction denied.
	November 21, 2018	2018-0540-113 : CARRANZA v. THE STATE OF NEW YORK, # 2018-0540-113, Claim No. NONE, Motion No. M-92972 M-92972 Late claim application denied, movant failed to submit a proposed claim and did not set forth the particulars required to state a claim (Court of Claims Act § 10 [b]).
	November 21, 2018	2018-040-102 : CALVERLEY v. THE STATE OF NEW YORK, # 2018-040-102, Claim No. 131626, Motion No. M-92644 M-92644 Defendant's Motion to Dismiss Claim as untimely on the basis Claimant did not comply with the Court's Order granting her permission to file a Claim late, pursuant to CCA § 10(6), denied.
	November 20, 2018	2018-041-077 : JOE v. THE STATE OF NEW YORK, # 2018-041-077, Claim No. 123355, Motion No. M-92704, Cross-Motion No. CM-92800 M-92704 Claimant's motion to amend scheduling order and extend his time to disclose additional expert witnesses is granted; defendant's cross-motion to stay accrual of statutory interest on claimant's liability judgment due to claimant's delay in damages trial readiness is denied.
	November 20, 2018	2018-053-563 : SCOTT v. THE STATE OF NEW YORK, # 2018-053-563, Claim No. 125075, 126401, Motion No. M-92796 M-92796 Motion by proposed executor of the estate of her deceased husband for reconsideration of prior decision of the Court is denied. CPLR does not provide a mechanism for reconsideration.  As the movant is pro se, Court applies CPLR 2221, by which a party may move for permission to reargue or renew a prior motion, and finds no basis to change determination.
	November 19, 2018	2018-045-514 : GONZALEZ v. THE STATE OF NEW YORK, # 2018-045-514, Claim No. 125395
	November 19, 2018	2018-045-515 : EDWARDS v. THE STATE OF NEW YORK, # 2018-045-515, Claim No. 127999
	November 19, 2018	2018-045-516 : ROSS v. THE STATE OF NEW YORK, # 2018-045-516, Claim No. 128004
	November 19, 2018	2018-050-061 : v. THE STATE OF NEW YORK, # 2018-050-061, Claim No. 131846, Motion No. M-92859 M-92859
	November 16, 2018	2018-053-562 : MATTER v. THE STATE OF NEW YORK, # 2018-053-562, Claim No. 129115, Motion No. M-93048 M-93048 Claimant's motion for additional time to file amended claim asserting additional causes of action is granted. The State reserves its right to raise legal objections and affirmative defenses to the amended claim and to make any related motions.
	November 15, 2018	2018-054-098 : IVANOV v. THE STATE OF NEW YORK, # 2018-054-098, Claim No. 127553, Motion No. M-92303 M-92303 Summary judgment denied in a motorcycle accident claim.
	November 15, 2018	2018-041-075 : RUGGIERO v. THE STATE OF NEW YORK, # 2018-041-075, Claim No. 121004, Motion No. M-92582 M-92582 Claimant's motion for summary judgment is denied in claim alleging assault by correction officers, negligence and falsification and/or spoliation of medical evidence where claimant fails to satisfy initial burden of showing prima facie entitlement to summary judgment, and, even assuming claimant had met burden, triable issues of fact exist.
	November 14, 2018	2018-041-074 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-041-074, Claim No. 128567, Motion No. M-92598 M-92598 Claimant's motion for summary judgment as to defendant's liability for injuries caused by an assault on claimant by fellow inmates is denied where questions of fact exist, including whether defendant failed to exercise reasonable care to protect claimant from a foreseeable risk of assault by a fellow inmate or inmates and whether defendant negligently failed to respond to the incident involving claimant in a timely manner.
	November 13, 2018	2018-041-072 : GONZALEZ v. THE STATE OF NEW YORK, # 2018-041-072, Claim No. 131274, Motion No. M-92707 M-92707 Claimant's motion for an order granting poor person status, appointment of an attorney to represent claimant without compensation and for a Spanish language interpreter is denied.
	November 13, 2018	2018-041-073 : LORICK v. THE STATE OF NEW YORK, # 2018-041-073, Claim No. 128569, Motion No. M-92223, Cross-Motion Nos. CM-92465, CM-92507 M-92223 Claimant's motion for partial summary judgment as to defendant's liability, and defendant's cross-motion for summary judgment dismissing the claim, in inmate negligent supervision claim, are each denied where questions of fact exist as to the identity and training, if any, of fellow inmate who allegedly caused claimant's injury.
	November 9, 2018	2018-053-011 : HUBBARD v. STATE OF NEW YORK, # 2018-053-011, Claim No. 123817  After a bifurcated trial on the issue of liability, the Court finds that claimant failed to establish that the State asserted sufficient supervisory control to support a claim for a violation of Labor Law 200.  The Court also finds that no violation of Labor Law 241 (6) occurred because the lack of sheeting and shoring was not the proximate cause of claimant's injuries.
	November 8, 2018	2018-032-014 : DAVIS v. THE STATE OF NEW YORK, # 2018-032-014, Claim No. 125370  Inmate claimant was injured when a table he was directed to sit on for the removal of his leg irons collapsed. Defendant was found 100% liable.
	November 8, 2018	2018-054-112 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-112, Claim No. 127039  State's motion to dismiss the claim granted based upon claimant's failure to establish his damages.
	November 7, 2018	2018-054-108 : SANDER v. Department of - The State of New York, # 2018-054-108, Claim No. 131726, Motion No. M-92895 M-92895 State's motion to dismiss claimant's amended claim granted, amended claim not served upon the State.
	November 7, 2018	2018-018-977 : MARICLE v. STATE OF NEW YORK, # 2018-018-977, Claim No. 131531, Motion No. M-92566 M-92566 Defendant's motion to dismiss is denied. Claimant has set forth sufficient facts and, on the motion, the Court is obligated to accept the facts as alleged as true.
	November 7, 2018	2018-018-978 : CROSS v. STATE OF NEW YORK, # 2018-018-978, Claim No. 125484  The State cannot be held liable for correction officer's intentional, unprovoked assault which was outside the scope of his employment duties. Claim is dismissed.
	November 2, 2018	2018-038-590 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-590, Claim No. 125974, Motion No. M-92722 M-92722 Claimant's motion to compel answers to notices of deposition on written questions is denied.
	November 1, 2018	2018-038-588 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-588, Claim No. 126533, Motion No. M-92720 M-92720 Claimant's motion to compel answers to notices of deposition on written questions denied. Claimant did not demonstrate that proposed deponents had been served with the written questions or that they had stipulated to answering them, or that they were located outside the state ( see CPLR 3107, 3108).
	November 1, 2018	2018-032-072 : MURRELL v. THE STATE OF NEW YORK , # 2018-032-072, Claim No. 131564, Motion No. M-92593 M-92593 The claim is dismissed as untimely. Claimant failed to serve a notice of intention to file a claim by certified mail, return receipt requested, on or before the 90 th day following the accrual date.
	November 1, 2018	2018-038-589 : VIDAL v. THE STATE OF NEW YORK, # 2018-038-589, Claim No. 128005, Motion No. M-92721 M-92721 Claimant's motion to compel answers to notices of deposition on written questions is denied.
	November 1, 2018	2018-015-174 : BUCHANAN, et al v. THE STATE OF NEW YORK, # 2018-015-174, Claim No. 128544, 128539, 128543,128541, 128542, 128527, Motion Nos. M-92537, M-92538, M-92540, M-92539 M-92537, M-92538, M-92540, M-92539 Claim by five correction officers seeking damages for emotional trauma caused by the issuance of notices of discipline for excessive force were dismissed for failing to state a cause of action. Claimants lacked standing to sue for breach of the collective bargaining agreement; they could not recover for intentional infliction of emotional distress on public policy grounds; the circumstances did not provide a basis for their claim of negligent infliction of emotional distress and the constitutional claims lacked merit as a matter of law.
	October 31, 2018	2018-044-012 : BRAUN v. THE STATE OF NEW YORK, # 2018-044-012, Claim No. 126037  Claim for injuries incurred in slip and fall at SUNY Binghamton campus dismissed after trial.
	October 31, 2018	2018-053-559 : MORALES v. THE STATE OF NEW YORK, # 2018-053-559, Claim No. 126399, Motion No. M-92714 M-92714 Defendant's motion for summary judgment dismissing the claim is granted. Claimant, an inmate proceeding pro se, asserted a claim seeking damages for the loss of property but failed to exhaust his administrative remedies.
	October 30, 2018	2018-041-070 : MUNIZ v. THE STATE OF NEW YORK, # 2018-041-070, Claim No. 125635, Motion No. M-91975 M-91975 Defendant's motion to dismiss wrongful confinement claim as untimely is denied where the wrongful confinement ended, and the claim accrued, on December 22, 2014 when the inmate-claimant was released from defendant's physical custody, rather than on October 30, 2014, as asserted by defendant, when claimant was purportedly transferred to a Residential Treatment Facility, and the claim was served on February 27, 2015, within ninety days after the claim accrued.
	October 29, 2018	2018-054-109 : WORD v. THE STATE OF NEW YORK, # 2018-054-109, Claim No. 131356, Motion No. M-92849 M-92849 Claimant's motion for renewal denied, motion for renewal as unfounded and lacks a basis under CPLR 2221 (e).
	October 26, 2018	2018-054-107 : CABLE v. THE STATE OF NEW YORK, # 2018-054-107, Claim No. 129832, Motion Nos. M-92699, CM-92719 M-92699, CM-92719 Trooper's
	October 26, 2018	2018-041-069 : PEARSON v. THE STATE OF NEW YORK, # 2018-041-069, Claim No. 130709, Motion No. M-92404 M-92404 Claim challenging determination of the New York State Department of Civil Service in
	October 26, 2018	2018-040-100 : PEAK v. THE STATE OF NEW YORK, # 2018-040-100, Claim No. 131869, Motion No. M-92824 M-92824 State's pre-Answer Motion to Dismiss the Claim granted as the Court lacks subject matter jurisdiction as incident occurred at a location owned and operated by Oneida County.