New York State Court of Claims

New York State Court of Claims

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Score: 600 March 23, 2018 2018-041-026 : YOUNG v. THE STATE OF NEW YORK, # 2018-041-026, Claim No. 125198, Motion No. M-91642 M-91642
Claimant's application to vacate Decision and Order dismissing claim for failure of claimant's attorney to appear at multiple conferences is denied as both untimely and insufficient where motion was made more than one year after service of notice of entry of the challenged Decision and Order and where claimant fails to set forth any facts constituting purported law office failure and thus fails to offer a reasonable excuse for default.
Score: 600 March 22, 2018 2018-040-027 : EVANS v. THE STATE OF NEW YORK, # 2018-040-027, Claim No. 127267 
Court finds Claimant failed to establish by a preponderance of the credible evidence that the State was negligent in losing his personal property.
Score: 299 March 20, 2018 2017-031-512 : PHEARSDORF v. THE STATE OF NEW YORK, # 2017-031-512, Claim No. 121775 
Claimant's fall from an elevated work station was the result of a statutory violation of Labor Law § 240 (1) for which Defendant is 100% liable.
Score: 713 March 16, 2018 2018-040-025 : LIPKIS v. THE STATE OF NEW YORK, # 2018-040-025, Claim No. 130189, Motion No. M-91210 M-91210
Claim dismissed: (1) because Court lacks subject matter jurisdiction over the Claim; and (2) Claim not timely served as required by CCA.
Score: 420 March 16, 2018 2018-040-026 : PAIGE v. THE STATE OF NEW YORK, # 2018-040-026, Claim No. 129909, Motion No. M-90951 M-90951
Claimant's Motion for Summary Judgment denied.
Score: 555 March 13, 2018 2018-053-003 : WEINBERG v. CITY UNIVERSITY OF NEW YORK, # 2018-053-003, Claim No. 126414 
Following a bifurcated trial on the issue of liability, the Court finds that CUNY was liable to claimant for chemical burns sustained by him during the course of an assigned experiment in an organic chemistry lab.  The Court finds that the proof at trial established that CUNY owed claimant a duty, that CUNY violated that duty by failing to provide reasonable precautions for the safety of students, and that this breach was the proximate cause of claimant's injuries. The Court also finds pursuant to CPLR 1411 that claimant is, in part, responsible for his injuries and apportions 50% against CUNY and 50% against claimant for his culpable conduct.
Score: 626 March 13, 2018 2018-040-024 : VONGPHAKDY v. THE STATE OF NEW YORK, # 2018-040-024, Claim No. 124915, Motion No. M-90947 M-90947
State's Motion to Dismiss Claim on the basis of governmental function immunity granted.
Score: 449 March 12, 2018 2018-054-028 : BARNES v. THE STATE OF NEW YORK, # 2018-054-028, Claim No. NONE, Motion No. M-91576 M-91576
Movant's application for leave to serve and file a late claim denied. Movant does not present a justiciable issue for the Court's review.
Score: 388 March 12, 2018 2018-015-113 : TAYLOR v. THE STATE OF NEW YORK, # 2018-015-113, Claim No. 129355, Motion No. M-91742, Cross-Motion No. CM-91845 M-91742
Inmate's bailment claim was dismissed for untimely service.
Score: 149 March 12, 2018 2018-041-023 : BOYDEN v. THE STATE OF NEW YORK, # 2018-041-023, Claim No. 129727, Motion No. M-91512 M-91512
Claimant's motion to compel disclosure is denied where defendant has adequately responded to the demanded disclosure.
Score: 750 March 12, 2018 2018-032-003 : CMG v. THE STATE OF NEW YORK, # 2018-032-003, Claim No. 129453, Motion No. M-90471 M-90471
Defendant's motion to dismiss the claim is granted.
Score: 236 March 8, 2018 2018-054-026 : MULLINGS v. THE STATE OF NEW YORK, # 2018-054-026, Claim No. 125362 
Claimant failed to present any competent medical evidence, either from a treating physician or from an expert whose opinion was based upon claimant's medical records, to support claimant's allegations of medical malpractice.
Score: 449 March 8, 2018 2018-054-030 : FARRELL v. THE STATE OF NEW YORK, # 2018-054-030, Claim No. 130654, Motion No. M-91661 M-91661
Defendant's unopposed motion to dismiss granted. Notice of Intention to File a Claim was a nullity because it was not served within 90 days after the accrual date and claim was untimely because it was served and filed after the applicable one-year statute of limitations on the wrongful confinement claim had lapsed.
Score: 687 March 8, 2018 2018-040-023 : ENCARNACION v. THE STATE OF NEW YORK, # 2018-040-023, Claim No. 122283 
Court finds that Claimant failed to establish by a preponderance of the credible evidence his Claim for medical malpractice.
Score: 449 March 8, 2018 2018-054-027 : ENNIS v. THE STATE OF NEW YORK, ANTHONY ANNUCCI, Acting Commissioner, N.Y.S. D.O.C.C.S., # 2018-054-027, Claim No. NONE, Motion No. M-91595 M-91595
Movant's late claim application denied. Movant failed to file a late claim application within the applicable time period.
Score: 475 March 8, 2018 2018-054-029 : ENNIS v. ANTHONY ANNUCCI, Acting Commissioner, N.Y.S. D.O.C.C.S. THE STATE OF NEW YORK, # 2018-054-029, Claim No. NONE, Motion No. M-91597 M-91597
Movant's late claim application denied. Movant's late claim application was not brought before the applicable one-year statute of limitations lapsed regarding his proposed claim for wrongful confinement.
Score: 149 March 7, 2018 2018-015-112 : JOHNSON v. STATE OF NEW YORK, # 2018-015-112, Claim No. 130443, Motion No. M-91686 M-91686
Pro se inmate's wrongful confinement claim arising from his keeplock confinement pending a prison disciplinary hearing was dismissed pursuant to CPLR 3211 (a) (7).
Score: 388 March 6, 2018 2018-040-022 : DOLBERRY v. THE STATE OF NEW YORK, # 2018-040-022, Claim No. 129253, Motion No. M-91364 M-91364
State's Motion for Summary Judgment denied.
Score: 236 March 2, 2018 2018-015-110 : BOWERS v. THE STATE OF NEW YORK, # 2018-015-110, Claim No. 129652, Motion No. M-91649 M-91649
Claimant's motion to amend his claim was denied where the statement submitted in support of his motion was unsworn and the proposed claim was unverified.
Score: 498 March 2, 2018 2018-015-111 : KATAN v. STATE OF NEW YORK, # 2018-015-111, Claim No. 130682, Motion No. M-91662 M-91662
Defendant's motion to dismiss the claim was granted on the ground claimant failed to adequately allege the
Score: 518 March 1, 2018 2018-029-019 : FORCE v. THE STATE OF NEW YORK, # 2018-029-019, Claim No. 123443 
A vehicle driving south on Route 17 crashed into another vehicle waiting to turn left for the Harriman Train Station, crossed the yellow line and collided with the northbound vehicle of Mr. and Mrs. Force. Mrs. Force was killed and Mr. Force was injured; he died from unrelated causes before the September 5 and 6, 2017 trial on liability. The court found that claimants did not present prima facie evidence of defendant's liability for wrongful death and negligence, based on the failure to require, in the work permit issued to Metro-North in 2005 for expansion of its parking lot, the installation of a traffic signal at the station access driveway/Route 17 intersection, and a separate southbound left-turn lane.
Score: 722 February 28, 2018 2018-041-018 : GREEN v. THE STATE OF NEW YORK, # 2018-041-018, Claim No. 129958, Motion No. M-91234, Cross-Motion No. CM-91493 M-91234
Defendant's motion to dismiss 7 of claim's 11 causes of action is granted and claimant's cross-motion for summary judgment is denied.
Score: 236 February 28, 2018 2018-054-025 : WATTS v. THE STATE OF NEW YORK, # 2018-054-025, Claim No. 124958 
Claimant failed to present any competent medical evidence, either from a treating physician or from an expert whose opinion was based upon claimant's medical records, to support claimant's allegations of medical malpractice.
Score: 236 February 27, 2018 2018-015-108 : HICKS v. THE STATE OF NEW YORK, # 2018-015-108, Claim No. 129244, Motion No. M-91820 M-91820
Motion to produce a non-party inmate witness to the underlying incident was granted, and the Department of Corrections and Community Supervision was ordered to produce the witness for an examination before trial.
Score: 555 February 27, 2018 2018-032-005 : PURDIE v. THE STATE OF NEW YORK, # 2018-032-005, Claim No. 126555 
Claimant's causes of action alleging defendant's failure to provide reasonably safe working conditions; failure to properly instruct claimant; excessive force; and negligent hiring, training, and supervision are dismissed for claimant's failure to prove the causes of action by a preponderance of the credible evidence.
Score: 555 February 23, 2018 2018-032-004 : BATTEASE v. THE STATE OF NEW YORK, # 2018-032-004, Claim No. 120512 
Following a trial, the Court dismissed claimant's failure to protect cause of action as untimely, as the notice of intention to file a claim was served more than 90 days past the accrual date. Claimant's cause of action alleging wrongful confinement was also dismissed as defendant established that the confinement was privileged.
Score: 659 February 21, 2018 2018-040-020 : PATTERSON v. THE STATE OF NEW YORK, # 2018-040-020, Claim No. 128331, Motion No. M-91204 M-91204
Pro se Claimant's Motion to Strike the State's Answer and for Summary Judgment denied.
Score: 737 February 21, 2018 2018-040-021 : KING v. THE STATE OF NEW YORK, # 2018-040-021, Claim No. 128441, Motion No. M-91598 M-91598
State's Motion to Dismiss portion of Claim as untimely and remainder of Claim for failure to state a cause of action granted.
Score: 388 February 21, 2018 2018-040-019 : MELETTE v. THE STATE OF NEW YORK, # 2018-040-019, Claim No. 123974, Motion No. M-91395 M-91395
Pro se Claimant's Motion to Compel Defendant to Answer Interrogatories denied.
Score: 420 February 16, 2018 2018-32-002 : DAVIDSON v. THE STATE OF NEW YORK, # 2018-32-002, Claim No. 118778 
Claimant failed to prove by a preponderance of the credible evidence that correctional staff deviated from accepted standards of medical care. Claimant failed to produce expert medical testimony at trial to support the claim.
Score: 236 February 15, 2018 2018-041-016 : TEVAULT v. THE STATE OF NEW YORK, # 2018-041-016, Claim No. 129118, Motion No. M-91461 M-91461
Claimant's motion for summary judgment in wrongful confinement claim is denied where claimant fails to show that defendant violated a disciplinary hearing regulation and thus failed to satisfy his initial burden to show entitlement to judgment as a matter of law.
Score: 388 February 15, 2018 2018-054-013 : ELIO v. THE STATE OF NEW YORK, # 2018-054-013, Claim No. 127975, Motion No. M-91367 M-91367
Defendant's summary judgment motion denied, material issues of fact remain.
Score: 420 February 15, 2018 2018-041-017 : HOLMES v. THE STATE OF NEW YORK, # 2018-041-017, Claim No. 130382, Motion No. M-91443 M-91443
Claim alleging that inmate-claimant's trial attorney in criminal proceeding failed to comply with claimant's
Score: 670 February 15, 2018 2018-054-001 : OBER v. CITY UNIVERSITY OF NEW YORK, # 2018-054-001, Claim No. NONE, Motion No. M-91409 M-91409
Movant's late claim application denied, no reasonable excuse for delay.
Score: 670 February 14, 2018 2018-041-501 : MANLEY v. THE STATE OF NEW YORK, # 2018-041-501, Claim No. 125604 
After trial, claimant is awarded damages in the amount of $175,000 for pain and suffering in his left leg, during the period between March 8, 2012 and July 11, 2013, caused by defendant's negligence in failing to perform recommended surgery, thereby depriving claimant of the
Score: 299 February 14, 2018 2018-018-911 : GARCIA v. STATE OF NEW YORK, # 2018-018-911, Claim No. 122086 
Claimant did not establish that safety vests were required by any rule or regulation and failed to prove by a preponderance of the evidence that the lack of vests was the proximate cause of his injuries. Claim is dismissed.
Score: 613 February 13, 2018 2018-015-105 : FERNANDES v. NEW YORK STATE THRUWAY AUTHORITY, # 2018-015-105, Claim No. 126559, Motion No. M-91466 M-91466
Claim by bridge painter for personal injuries arising from a slip and fall on a bridge during the course of vacuuming debris was dismissed except to the extent it alleged a Labor Law § 241 (6) cause of action premised upon one section of the Industrial Code.
Score: 498 February 13, 2018 2018-053-513 : RAMRATTAN v. STATE OF NEW YORK, # 2018-053-513, Claim No. 125389, Motion Nos. M-91302, M-91438 M-91302, M-91438
State's motion to dismiss claim for failing to conform with Court of Claims Act 11 (b) is granted.  Claim fails to sufficiently describe where the claim arose so that it is impossible to tell where the incident took place. Claim is dismissed and claimant's counsel's motion to withdraw as counsel brought by order to show cause is denied as moot.
Score: 728 February 9, 2018 2018-040-018 : FRANCISCO v. STATE OF NEW YORK, # 2018-040-018, Claim No. NONE, Motion No. M-91013 M-91013
Movant's application to serve and file a Claim late granted.
Score: 626 February 9, 2018 2018-040-017 : J.K.F. v. THE STATE OF NEW YORK, # 2018-040-017, Claim No. 128657, Motion No. M-91432 M-91432
Motion for reargument granted and, upon reargument, prior Decision modified and Claim dismissed.
Score: 236 February 9, 2018 2018-054-012 : HERNANDEZ v. THE STATE OF NEW YORK, # 2018-054-012, Claim No. NONE, Motion No. M-91484 M-91484
claimant's application for pre-action discovery and a temporary restraining order denied, defendant has represented that the videotape and all material relevant to the claim have been preserved.
Score: 737 February 8, 2018 2018-053-512 : ROBIE v. STATE OF NEW YORK, # 2018-053-512, Claim No. 121454, Motion No. M-91332 M-91332
The claim asserts causes of action for breach of contract and breaches of the covenant of good faith and fair dealing relating to claimant's dismissal from a SUNY masters degree program.  The Court ruled that an implied contract existed between claimant and SUNY upon which to base the claim, however, a claim based upon an academic dismissal is not a judicially cognizable claim. Breach of contract actions brought against an educational institution contesting purely academic determinations are not recognized in New York. As a result, the State's motion for summary judgment pursuant to CPLR 3212 was granted.
Score: 600 February 8, 2018 2018-040-016 : MONTES v. THE STATE OF NEW YORK, # 2018-040-016, Claim No. NONE, Motion No. M-91474 M-91474
Motion by pro se Movant to serve and file a late Claim pursuant to CCA § 10(6) denied.
Score: 678 February 6, 2018 2018-040-015 : HAYES v. STATE OF NEW YORK, # 2018-040-015, Claim No. 130034, Motion No. M-91063 M-91063
State's Motion to Dismiss on the basis the Court lacks subject matter jurisdiction and for lack of particularity pursuant to Court of Claims Act § 11(b) denied.
Score: 449 February 5, 2018 2018-054-011 : LITTLEJOHN v. THE STATE OF NEW YORK, # 2018-054-011, Claim No. NONE, Motion No. M-91321 M-91321
Movant's application for leave to serve and file a late claim denied, no appearance of merit.
Score: 570 February 5, 2018 2018-018-909 : FERGUSON v. STATE OF NEW YORK, # 2018-018-909, Claim No. 125727, Motion No. M-91330 M-91330
Claim is dismissed pursuant to Court of Claims Act § 11 (b).
Score: 555 February 5, 2018 2018-040-014 : ASHLAW v. STATE OF NEW YORK, # 2018-040-014, Claim No. 127932, Motion No. M-90877 M-90877
Claimant's Motion for Summary Judgment on a VTL § 1104(b) Claim denied in part and granted in part.
Score: 722 February 5, 2018 2018-053-001 : VALVO v. THE STATE OF NEW YORK, # 2018-053-001, Claim No. 118356 
Following a bifurcated trial on the issue of liability, the Court finds that the State violated Labor Law 240 (1) and that this violation was a proximate cause of claimant's injuries.  The State is found 100% responsible for claimant's fall from a ladder at a construction site and his resulting injuries. The evidence established that the ladder upon which claimant was descending kicked out, causing claimant's fall.  The State failed to establish that the claimant's actions were the sole proximate cause of his injuries. The Court also finds as not credible the State's alternative position that there was no violation of Labor Law 240 (1) as the injuries did not occur on that date, but as a result of claimant stepping into a drain on a subsequent date. Claimant's common law negligence and Labor Law 200 causes of action are dismissed. The State's post-trial motion to dismiss claimant's Labor Law 241 (6) cause of action is denied as moot.
Score: 537 February 2, 2018 2018-054-010 : MISHOE v. THE STATE OF NEW YORK, # 2018-054-010, Claim No. 130472, Motion No. M-91539 M-91539
Defendant's motion to dismiss granted, claim fails to state a claim with sufficient particularity so as to enable defendant to investigate the claim and ascertain its liability, claim also fails to specify the alleged departure from generally accepted medical practices and how such departure proximately caused claimant's injuries.
Score: 388 February 2, 2018 2018-040-012 : GAMBLE v. STATE OF NEW YORK, # 2018-040-012, Claim No. 127616, Motion No. M-91135 M-91135
State's Motion for a Protective Order granted in part and denied in part.