New York State Court of Claims |
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Your query court returned 50 results.
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January 7, 2022 | 2022-058-007 : MARIN v. STATE OF NEW YORK, # 2022-058-007, Claim No. 136718, Motion No. M-97245 M-97245 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 7, 2022 | 2022-028-500 : BAKER v. THE STATE OF NEW YORK, # 2022-028-500, Claim No. 124072, Motion No. M-97672 M-97672 |
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January 6, 2022 | 2022-058-004 : PERRI v. STATE OF NEW YORK, # 2022-058-004, Claim No. 136829, Motion No. M-97293 M-97293 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 6, 2022 | 2022-058-006 : AIKEN v. STATE OF NEW YORK, # 2022-058-006, Claim No. 136782, Motion No. M-97310 M-97310 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 6, 2022 | 2022-058-005 : T.R. v. STATE OF NEW YORK , # 2022-058-005, Claim No. 136804, Motion No. M-97265 M-97265 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 5, 2022 | 2022-058-003 : FLUKER v. STATE OF NEW YORK, # 2022-058-003, Claim No. 136778, Motion No. M-97258 M-97258 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 5, 2022 | 2022-059-001 : SCHOENTUBE v. THE STATE OF NEW YORK, # 2022-059-001, Claim No. None, Motion No. M-97171 M-97171 |
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January 4, 2022 | 2022-058-077 : JOHNSON v. STATE OF NEW YORK, # 2022-058-077, Claim No. 136719, Motion No. M-97240 M-97240 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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January 3, 2022 | 2022-058-076 : FORD v. STATE OF NEW YORK, # 2022-058-076, Claim No. 136721, Motion No. M-97238 M-97238 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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December 23, 2021 | 2021-053-568 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-568, Claim No. 129312, Motion No. M-97631 M-97631 Prior to commencement of a medical malpractice trial, defendant brought a motion seeking to compel claimant to produce certain material relied upon and referenced in the report of claimant's Life Care Planner; produce exercise sheets provided to claimant by her treating physician; and order a non-party deposition of a licensed massage therapist referenced by the Life Care Planner. Motion denied in part as to the production of material relied upon by the Life Care Planner as defendant failed to demonstrate that it had a substantial need for the foundational materials relied upon by claimant's expert. The Court granted the relief sought as to production of the exercise sheets and to conduct the non-party deposition. |
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December 22, 2021 | 2021-059-078 : ALATI v. THE STATE OF NEW YORK, # 2021-059-078, Claim No. 133697, Motion No. M-96954 M-96954 |
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December 22, 2021 | 2021-058-075 : NELSON v. STATE OF NEW YORK , # 2021-058-075, Claim No. 136830, Motion No. M-97275 M-97275 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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December 22, 2021 | 2021-058-074 : N.D. v. STATE OF NEW YORK, # 2021-058-074, Claim No. 136530, Motion No. M-97123 M-97123 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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December 22, 2021 | 2021-054-048 : MOORATY v. STATE OF NEW YORK, COUNTY OF DUTCHESS, DUTCHESS COUNTY DISTRICT ATTORNEY'S OFFICE, NEW YORK STATE TROOPER ZACHARY T. ZYSKOWSKI, JOHN DOES STATE TROOPERS 1 through 99, and JANE DOES STATE TROOPERS 1 through 99, # 2021-054-048, Claim No. 136658, Motion No. M-97181 M-97181 Claim against the Dutchess County and the Dutchess County DA's office dismissed due to lack of jurisdiction. |
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December 22, 2021 | 2021-054-054 : EREIFEJ v. THE STATE OF NEW YORK, # 2021-054-054, Claim No. 133473, Motion No. M-97208 M-97208 Claim dismissed on the Court's Order to Show Cause; claim not served on the attorney general's office. |
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December 22, 2021 | 2021-041-062 : v. THE STATE OF NEW YORK, # 2021-041-062, Claim No. 136976, Motion No. M-97388 M-97388 Court lacks subject matter jurisdiction over claim which failed to state the date claim arose and failed to set forth the items of damage and total sum claimed, as required by Court of Claims Act 11 (b); subject matter jurisdiction defects cannot be cured by amendment of jurisdictionally defective claim. |
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December 22, 2021 | 2021-058-073 : WIMBUSH-BURKETT v. STATE OF NEW YORK , # 2021-058-073, Claim No. 136559, Motion No. M-97122 M-97122 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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December 21, 2021 | 2021-040-063 : SNYDER v. THE STATE OF NEW YORK, # 2021-040-063, Claim No. 134736 Claim dismissed pursuant to the Uniform Rules for the Court of Claims § 206.10(g) for Claimant's failure to appear at two Court conferences. |
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December 21, 2021 | 2021-061-107 : ALLEN v. STATE OF NEW YORK, # 2021-061-107, Claim No. 129731, Motion No. M-97271 M-97271 |
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December 21, 2021 | 2021-058-071 : E.S. v. STATE OF NEW YORK, # 2021-058-071, Claim No. 136656, Motion No. M-97360 M-97360 Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously. |
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December 21, 2021 | 2021-058-069 : D.L. v. STATE OF NEW YORK , # 2021-058-069, Claim No. 136488, Motion No. M-97637 M-97637 Motion for leave to prosecute Child Victim's Act claim under a pseudonym denied without prejudice; Claimant failed to present specific details of current circumstances to support application to proceed pseudonymously. |
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December 21, 2021 | 2021-058-070 : BOWDEN v. STATE OF NEW YORK, # 2021-058-070, Claim No. 136716, Motion No. M-97236 M-97236 Motion to dismiss Claim commenced pursuant to Child Victims Act revival statute granted; In enacting the Child Victims Act, Legislature did not amend and/or abrogate the strict pleadings requirements of Court of Claims Act § 11 (b) and Claimant's failure to plead specific date(s) when the Claim arose mandated dismissal. |
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December 21, 2021 | 2021-040-061 : JAMES v. THE STATE OF NEW YORK, # 2021-040-061, Claim No. 136565, Motion No. M-97415 M-97415 Pro Se Claimant's Motion for poor person status and assignment of counsel denied. |
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December 21, 2021 | 2021-040-062 : BYWATER v. STATE OF NEW YORK, NEW YORK STATE OLYMPIC DEVELOPMENT AUTHORITY, # 2021-040-062, Claim No. 136815, Motion No. M-97326 M-97326 Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed. |
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December 21, 2021 | 2021-040-060 : MERCER v. STATE OF NEW YORK, # 2021-040-060, Claim No. 135986, Motion No. M-97281 M-97281 Court OSC vacated. Claim was served upon Defendant. |
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December 21, 2021 | 2021-040-064 : BROWN v. THE STATE OF NEW YORK, # 2021-040-064, Claim No. 136005, Motion Nos. M-96637, M-96818 M-96637, M-96818 Claim dismissed as Claimant, Pro Se , served Defendant two times with Claim and each was improperly served by regular mail, not certified mail, return receipt requested, as required by CCA § 11. |
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December 20, 2021 | 2021-038-566 : JACOBS v. STATE OF NEW YORK, # 2021-038-566, Claim No. 132358, Motion No. M-97586 M-97586 Motion for leave to take deposition of nonparty incarcerated person granted. Nonparty's anticipated testimony is material and necessary to the prosecution and defense of this claim. |
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December 17, 2021 | 2021-059-077 : RYAN v. THE STATE OF NEW YORK, # 2021-059-077, Claim No. 134631, Motion No. M-96707 M-96707 |
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December 17, 2021 | 2021-041-061 : GUZMAN v. THE STATE OF NEW YORK, # 2021-041-061, Claim No. 137083, Motion No. M-97521 M-97521 Wrongful confinement claim is dismissed for failure to state a cause of action and based upon defendant's absolute immunity where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in administratively reversed disciplinary determination. |
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December 16, 2021 | 2021-053-567 : J.S. v. THE STATE OF NEW YORK, # 2021-053-567, Claim No. 136740, Motion No. M-97596 M-97596 Claimant sought leave by Order to Show Cause to proceed in this Child Victims Act claim under a pseudonym. Evaluating the factors required by the Appellate Division, Fourth Department and balancing the interest of the public with that of the claimant, claimant's motion is granted. |
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December 10, 2021 | 2021-038-564 : BROWER v. THE STATE OF NEW YORK, # 2021-038-564, Claim No. 136401, Motion No. M-97527 M-97527 Motion to compel response to discovery demands denied as premature. Demands were not served on defendant prior to filing and service of motion to compel. |
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December 10, 2021 | 2021-041-504 : HUNT v. THE STATE OF NEW YORK, # 2021-041-504, Claim No. 131875 Defendant is found predominantly liable for intersection accident on state highway, without any finding of culpable conduct on the part of claimants, where defendant had actual notice of the dangerous condition of the intersection caused by obscured sight lines and inadequate traffic control devices and which had been the site of multiple previous accidents and the source of prior complaints to defendant and internal agency recommendations for improvements. |
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December 10, 2021 | 2021-053-566 : WOODY v. THE STATE OF NEW YORK, # 2021-053-566, Claim No. 131376, Motion No. M-97189 M-97189 Pro se incarcerated individual's motion to compel defendant to conduct his deposition is denied. Motion to compel defendant to answer his interrogatories pursuant to CPLR 3124 is granted. |
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December 9, 2021 | 2021-059-076 : GRIFFITH v. THE STATE OF NEW YORK, # 2021-059-076, Claim No. 130275, Motion No. M-96492, Cross-Motion No. CM-97156 M-96492 |
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December 8, 2021 | 2021-053-565 : TOLIVER v. THE STATE OF NEW YORK, # 2021-053-565, Claim No. 134766, Motion No. M-97112 M-97112 Pro se incarcerated individual's motion for summary judgment, a trial by jury and assignment of counsel is denied. Claimant's motion for summary judgment was denied as he failed to establish a prima facie case of premises liability or medical malpractice. |
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December 8, 2021 | 2021-059-075 : AGUIRRE v. THE STATE OF NEW YORK , # 2021-059-075, Claim No. None, Motion No. M-96877 M-96877 |
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December 8, 2021 | 2021-059-074 : RAMPERSAD v. THE STATE OF NEW YORK, # 2021-059-074, Claim No. 132482, Motion No. M-96917 M-96917 |
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December 8, 2021 | 2021-059-073 : SKLAVONITIS v. THE STATE OF NEW YORK, # 2021-059-073, Claim No. 131317 |
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December 8, 2021 | 2021-040-059 : LEWIS v. THE STATE OF NEW YORK, # 2021-040-059, Claim No. 130608, Motion No. M-96824 M-96824 Claimant's Motion to strike State's Answer based upon alleged spoliation of evidence denied. However, Court finds Defendant disposed of relevant evidence and grants Motion to the extent of precluding Defendant from offering certain evidence and finds Claimant is entitled to an adverse inference. |
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December 8, 2021 | 2021-015-111 : JORDAN v. THE STATE OF NEW YORK, # 2021-015-111, Claim No. 132817, Motion No. M-97391 M-97391 Claimant's motion for summary judgment on his wrongful confinement cause of action was denied as he failed to support his motion with a copy of the pleadings or any documentary evidence. |
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December 7, 2021 | 2021-053-564 : MUSHEYEV v. STATE OF NEW YORK, # 2021-053-564, Claim No. 131447, Motion No. M-97129 M-97129 The State's motion to dismiss the pro se incarcerated individual's claim for failure to prosecute is granted. |
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December 6, 2021 | 2021-051-036 : GOVAN v. STATE OF NEW YORK, # 2021-051-036, Claim No. None, Motion No. M-97212 M-97212 The Court denied pro se inmate's application for permission to file a late claim. |
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December 6, 2021 | 2021-051-034 : RABB v. STATE OF NEW YORK, # 2021-051-034, Claim No. 132624, Motion No. M-96843, Cross-Motion No. CM-97185 M-96843 Defendant's motion to dismiss medical malpractice claim granted because the claim was neither timely filed, nor properly served in compliance with Court of Claims Act § 10 (3) and § 11. Claimant's untimely application for permission to file a late claim is denied. |
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December 6, 2021 | 2021-015-113 : BROOKS v. STATE OF NEW YORK, # 2021-015-113, Claim No. 134333, Motion No. M-97317, Cross-Motion No. CM-97469 M-97317 Motion seeking dismissal for improper service was granted and claim was dismissed. Claimant's cross motion to transfer the claim pursuant to CPLR 325 (b) was denied. |
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December 6, 2021 | 2021-015-114 : SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-114, Claim No. 136347, Motion No. M-97416 M-97416 Claimant's motion to reargue and renew his prior motion for entry of a default judgment was denied. |
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December 6, 2021 | 2021-051-035 : SMITH v. STATE OF NEW YORK, # 2021-051-035, Claim No. 136620, Motion No. M-97209 M-97209 The Court granted the defendant's motion to dismiss claimant's tort claim alleging wrongful confinement, denial of ASAT programming, improper transfer, interference with medication, denial of Parole that all stemmed from a false positive drug test that was reversed and vacated. |
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December 3, 2021 | 2021-015-106 : HUBSHER v. STATE OF NEW YORK, # 2021-015-106, Claim No. 134473, Motion No. M-97130, Cross-Motion No. CM-97285 M-97130 Parole Board's alleged failure to timely recommend to the sentencing Court a sex-offender risk classification 60 days prior to claimant's conditional release date from prison could not form the basis for a wrongful confinement claim. Claimant's release was conditioned upon the imposition of a risk -level classification by the Court and the time limit by which the Board's recommendation was required was directory rather than a mandatory limitation on the power of the Board to act. |
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December 3, 2021 | 2021-061-106 : HAYES v. STATE OF NEW YORK, # 2021-061-106, Claim No. NONE, Motion No. M-96840 M-96840 |
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December 2, 2021 | 2021-018-235 : ENOCH v. STATE OF NEW YORK, # 2021-018-235, Claim No. 129897, Motion No. M-96995 M-96995 Defendant demonstrated that documents sought by Claimant were both irrelevant and protected by attorney-client privilege. Claimant's motion to compel denied. |
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December 1, 2021 | 2021-059-071 : GUTTERMAN v. THE STATE OF NEW YORK, # 2021-059-071, Claim No. 136118, Motion No. M-96892 M-96892 |