New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 388 May 29, 2019 2019-045-505 : GONCALVES v. THE STATE OF NEW YORK, # 2019-045-505, Claim No. 129544 
Trial decision. Claimant alleges that she tripped and fell on snow and ice on the boardwalk at Jones Beach State Park.
Score: 737 May 22, 2019 2019-029-033 : AUGHTRY v. THE STATE OF NEW YORK, # 2019-029-033, Claim No. 123103 
After the court (Scuccimarra, J.) adjudicated the State 100% liable for negligence in a Sing Sing bathhouse assault on claimant, the court (Mignano, J.) held the trial on damages and awarded claimant a total of $655,000.00 in damages, comprised of $225,000.00 for past pain and suffering, and $430,000 for future pain and suffering.
Score: 659 May 22, 2019 2019-029-034 : DELANEY v. THE STATE OF NEW YORK, # 2019-029-034, Claim No. 129720 
After a video trial of pro se claim, the court found defendant liable for 88 days of wrongful confinement and awarded claimant damages of $40.00 per day, for a total amount of $3,520.00. Defendant's motion to dismiss the claim, made after claimant rested, was denied as to wrongful confinement and granted as to medical malpractice and constitutional violations.
Score: 420 May 16, 2019 2019-054-025 : LASSITER v. THE STATE OF NEW YORK, # 2019-054-025, Claim No. 129415 
inmate med mal claim requires medical evidence, no jurisdiction over federal claims, correction officer's presence does not violate HIPAA
Score: 537 May 15, 2019 2019-053-007 : DEYOE v. STATE OF NEW YORK, # 2019-053-007, Claim No. 124703 
After a bifurcated trial on the issue of liability, the Court found that claimant failed to establish by a preponderance of the credible evidence that there was either an unusual number of accidents that occurred at the subject intersection subsequent to the removal of a crosswalk or that the failure to reinstall a crosswalk prior to claimant's accident created a hazardous or dangerous condition. Existing record plans did not include a crosswalk at that location and this was an act involving judgment or discretion in planning and design of a highway for which the State is accorded a qualified immunity.
Score: 555 May 14, 2019 2019-045-504 : PEOPLES v. THE STATE OF NEW YORK, # 2019-045-504, Claim No. 125968 
Trial decision. Claimant alleges that he was wrongfully confined to SHU after his release date from SHU.
Score: 498 May 14, 2019 2019-054-026 : MICHAEL P. v. THE STATE OF NEW YORK, # 2019-054-026, Claim No. 129444 
dismissed for claimant's failure to appear for the scheduled conference and to prosecute the action
Score: 518 May 14, 2019 2019-053-011 : FABELO v. THE STATE OF NEW YORK, # 2019-053-011, Claim No. 126649 
In a trial by a pro se claimant asserting claims of negligence and inadequate medical care during his incarceration, the State moved to dismiss the claim for failing to timely file and serve his claim and for failing to call an expert witness. The Court determined that the claim asserted a cause of action for medical malpractice and that the claim was timely.However, claimant's failure to present expert testimony at trial results in the dismissal of his claim.
Score: 449 May 13, 2019 2019-054-027 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-054-027, Claim No. 129614 
claim dismissed pursuant to 22 NYCRR 206.15 for claimant's failure to appear for the scheduled trial
Score: 388 May 10, 2019 2019-044-007 : CAMPBELL v. THE STATE OF NEW YORK, # 2019-044-007, Claim No. 129258 
After trial, Court dismissed former inmate's claim for negligent supervision resulting in inmate-on-inmate attack.
Score: 555 May 10, 2019 2019-015-144 : WILLIAMS v. THE STATE OF NEW YORK, # 2019-015-144, Claim No. 125715 
Claim was dismissed for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act 19.
Score: 518 May 10, 2019 2019-015-145 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2019-015-145, Claim No. 128267 
The claim was dismissed for failure to prosecute pursuant to CPLR 3216 and Court of Claims Act 19.
Score: 600 May 8, 2019 2019-038-541 : CGI v. THE STATE OF NEW YORK, # 2019-038-541, Claim No. 132590, Motion No. M-93541 M-93541
In claim seeking money damages for the State's alleged breach of a contract relating to the development and implementation of software, claimant's motion for preliminary injunctive relief denied. Claimant sought to enjoin defendant from continuing use and alleged sharing of intellectual property, equitable relief that relates to claimant's request for declaratory judgment, over which Supreme Court has exclusive jurisdiction.
Score: 555 May 3, 2019 2019-015-140 : FLEMING v. THE STATE OF NEW YORK, # 2019-015-140, Claim No. 131004, Motion No. M-93784 M-93784
Defendant's motion to dismiss claim alleging his prison cell was searched in violation of the fourth amendment to the Federal Constitution was granted because the Court of Claims lacks jurisdiction over such claims. In addition, a constitutional tort claim was not the sole avenue of redress. As for the alleged loss of claimant's personal property, he failed to exhaust his administrative remedies as required by Court of Claims Act 10 (9). Failure to exhaust such remedies, while generally an affirmative defense, was not waived here since the requirement of exhaustion is a condition of the State's waiver of immunity under Court of Claims Act 8.
Score: 537 May 3, 2019 2019-038-539 : HALL v. NEW YORK STATE, # 2019-038-539, Claim No. 130612, Motion Nos. M-93232, M-93233, M-93301 M-93232, M-93233, M-93301
Defendant's motion to dismiss claim for lack of verification held in abeyance pending resolution of whether claimant served a claim along with a verification that was served after defendant rejected the unverified claim.
Score: 388 May 2, 2019 2019-015-139 : SOTO v. THE STATE OF NEW YORK, # 2019-015-139, Claim No. 127876, Motion No. M-93741 M-93741
Motion for the assignment of counsel was denied.
Score: 347 May 2, 2019 2019-015-136 : FOX v. THE STATE OF NEW YORK, # 2019-015-136, Claim No. 129296, Motion No. M-93668 M-93668
Pro se inmate's motion for the issuance of a trial subpoena was denied as the claim is not scheduled for trial.
Score: 555 May 2, 2019 2019-049-015 : REYES-NUNEZ v. THE STATE OF NEW YORK, CITY UNIVERSITY OF NEW YORK and THE CITY COLLEGE OF NEW YORK, # 2019-049-015, Claim No. 129793 
Score: 420 May 1, 2019 2019-038-537 : MYRICK v. STATE OF NEW YORK, # 2019-038-537, Claim No. 123763, Motion No. M-93582 M-93582
Defendant's motion to dismiss claim for lack of verification granted.
Score: 449 May 1, 2019 2019-032-028 : VERSACE v. THE STATE OF NEW YORK, # 2019-032-028, Claim No. 130424, Motion No. M-93359 M-93359
Claimant's motion for summary judgment is denied.
Score: 537 May 1, 2019 2019-044-005 : MEASE v. THE STATE OF NEW YORK, # 2019-044-005, Claim No. 123920 
After trial, Court found defendant 95% liable for former inmate's claim for injuries received when tailgate of truck fell off while he was opening it, and defendant had prior knowledge of dangerous condition and multiple opportunities to remedy the condition.
Score: 449 May 1, 2019 2019-038-536 : NELSON v. STATE OF NEW YORK, # 2019-038-536, Claim No. 123539, Motion No. M-93575 M-93575
Defendant's motion to dismiss for lack of jurisdiction granted. Claim timely served but was filed more than 90 days after accrual. Request for late claim relief denied as beyond the statute of limitations.
Score: 585 April 30, 2019 2019-029-027 : MCMAHON v. THE STATE OF NEW YORK, # 2019-029-027, Claim No. 124194 
After a trial on damages for claimant's injuries from a prison van moving before she was aboard, defendant's motion under CPLR 4401, made at the close of claimant's case and reserved on by the court, was granted and the claim was dismissed. The court found that claimant failed to establish she suffered a serious injury as defined by Insurance Law 5102 (d) and was not entitled to an award of damages under the No-Fault Law ( see Insurance Law 5104 [a]).
Score: 570 April 30, 2019 2019-041-022 : MCFADDEN v. THE STATE OF NEW YORK, # 2019-041-022, Claim No. 113641, Motion No. M-93558 M-93558
Claimant's motion to set aside court's decision in nonjury trial is denied.
Score: 585 April 30, 2019 2019-015-137 : SUBURBAN v. STATE OF NEW YORK, # 2019-015-137, Claim No. 132418, Motion No. M-93546 M-93546
Defendant's pre-answer dismissal motion was granted as this contract claim was untimely.
Score: 388 April 26, 2019 2019-015-138 : ANAND v. STATE OF NEW YORK, # 2019-015-138 , Claim No. 129898, 129899, Motion No. M-93704 M-93704
Claimant's motion to reargue was denied.
Score: 475 April 25, 2019 2019-044-006 : HELD v. THE STATE OF NEW YORK, # 2019-044-006, Claim No. 125845 
After trial, former inmate's claim for injuries allegedly incurred when he slipped in prison laundry room is dismissed.
Score: 388 April 25, 2019 2019-015-135 : NASH v. STATE OF NEW YORK, # 2019-015-135, Claim No. 129666, Motion No. M-93656 M-93656
Claimant's motion to compel discovery was denied s defendant provided adequate responses and a motion to compel a response to a notice to admit is inappropriate.
Score: 744 April 24, 2019 2019-015-134 : YOUNG v. THE STATE OF NEW YORK, # 2019-015-134, Claim No. 126361, Motion No. M-93677 M-93677
Pro se inmate's claim alleging the loss of certain personal property was dismissed for improper service and, with respect to the second and third claims that were properly served, untimely service. Defendant's answer to the same claim served multiple times was treated as an amended answer served without leave but it was not a nullity because claimant failed to reject it or otherwise establish prejudice.
Score: 347 April 22, 2019 2019-040-037 : OLDHAM v. STATE OF NEW YORK, # 2019-040-037, Claim No. 125034, Motion No. M-93638 M-93638
Pro se Claimant's Motion for Trial Preference denied as moot as Trial scheduled for August 14, 2019.
Score: 236 April 22, 2019 2019-038-534 : COLEMAN v. THE STATE OF NEW YORK, # 2019-038-534, Claim No. 131889, Motion No. M-93456 M-93456
Claimant's motion to compel production of documents denied as moot, when defendant responded to demand in response to claimant's motion. To the extent claimant seeks sanctions, claimant has not demonstrated that the seemingly de minimis delay in production of documents was because defendant sought to delay or prolong resolution of the litigation ( see 22 NYCRR 130-1.1 [a]; [c][2]).
Score: 763 April 19, 2019 2019-015-132 : ANKH AMON v. THE STATE OF NEW YORK, # 2019-015-132, Claim No. 132654, Motion No. M-93606 M-93606
Claim seeking damages for violations of the State Constitution, Correction Law 610, and the Religious Land Use and Institutional Persons Act of 2000 (RLUIPA) was dismissed for failure to state a cause of action and lack of subject matter jurisdiction. The claim failed to state a cause of action for a constitutional tort as alternative remedies were available, and this Court lacks jurisdiction over claims under both Correction Law 610 and RLUIPA. With respect to RLUIPA, Congress may not subject the State to suit under RLUIPA through article I legislation nor did the State waive its immunity to suit under RLUIPA by virtue of 8 of the Court of Claims Act.
Score: 659 April 19, 2019 2019-032-027 : TAORMINA v. THE STATE OF NEW YORK, # 2019-032-027, Claim No. 129424, Motion No. M-92737 M-92737
Defendant's motion to compel is granted in part and denied in part.
Score: 637 April 19, 2019 2019-032-026 : PILLA v. THE CITY COLLEGE OF NEW YORK, CITY UNIVERSITY OF NEW YORK; and STATE UNIVERSITY OF NEW YORK, # 2019-032-026, Claim No. 130280, Motion No. M-92588, Cross-Motion No. CM-92838 M-92588
Defendant's cross motion to dismiss the claim is granted for claimant's failure to timely serve a notice of intention to file a claim.
Score: 299 April 19, 2019 2019-038-533 : GAJADHAR v. THE STATE OF NEW YORK , # 2019-038-533, Claim No. 121461, Motion No. M-93156 M-93156
Claimant's motion to compel discovery denied as premature due to lack of demonstration that discovery demand that was the subject of the motion was previously served upon defendant. Discovery demand deemed served, and defendant directed to respond thereto in accordance with applicable rules and procedures.
Score: 299 April 17, 2019 2019-015-133 : ANDERSON v. THE STATE OF NEW YORK, # 2019-015-133, Claim No. 128944, Motion No. M-93613 M-93613
Claimant's motion for discovery sanctions was denied.
Score: 388 April 17, 2019 2019-044-519 : DANIELS v. THE STATE OF NEW YORK, # 2019-044-519, Claim No. 131978, Motion No. M-93557 M-93557
Inmate claimant's motion for summary judgment in bailment claim denied without prejudice.
Score: 659 April 17, 2019 2019-041-019 : COOPER v. THE STATE OF NEW YORK, # 2019-041-019, Claim No. 131452, Motion No. M-93147, Cross-Motion No. CM-93423 M-93147
Defendant's motion to dismiss the claim pursuant to CPLR 215 (3) and Court of Claims Act 10 (3-b) as time-barred, and pursuant to Court of Claims Act 11 (b) as jurisdictionally defective for failure to adequately state the nature of the claim, is denied where claim was served within time periods set forth in Court of Claims Act 10 (2) and 10 (3) and adequately states causes of action for wrongful death and negligence; claimant's cross-motion to serve and file an amended claim is granted.
Score: 420 April 17, 2019 2019-041-017 : APONTE v. THE STATE OF NEW YORK, # 2019-041-017, Claim No. 131396, Motion No. M-93600 M-93600
Motion to dismiss claim in lieu of answer is granted where claimant's cause of action for intentional refusal to provide medical treatment and cause of action alleging that correction officers assaulted claimant were not served within time periods set forth in CPLR 215 and Court of Claims Act 10 (3-b).
Score: 648 April 17, 2019 2019-040-029 : CAMPO v. THE STATE OF NEW YORK, # 2019-040-029, Claim No. 126075, Motion No. M-93266 M-93266
Pro se Claimant's Motion to strike State's Answer and for summary judgment denied.
Score: 570 April 17, 2019 2019-040-030 : SHATTUCK v. THE STATE OF NEW YORK, # 2019-040-030, Claim No. 132050, Motion No. M-93344 M-93344
Pro se Claimant's Motion to compel discovery responses denied.
Score: 236 April 16, 2019 2019-018-026 : JACKSON v. STATE OF NEW YORK, # 2019-018-026, Claim No. 124312 
Claimant, in seeking damages for wrongful confinement, failed to establish that the Tier III Hearing failed to comply with governing rules and regulations. The State's action in confining Claimant in the SHU was privileged.
Score: 518 April 15, 2019 2019-038-526 : DINERMAN v. NY LOTTERY, # 2019-038-526, Claim No. 131128, Motion No. M-93348 M-93348
Defendant's motion to dismissed granted. Claimant patently fails to comply with Court of Claims Act 11 (b).
Score: 475 April 15, 2019 2019-018-024 : STEWART v. STATE OF NEW YORK, # 2019-018-024, Claim No. 131103 
Court dismisses claim finding Claimant did not establish that the State was negligent in conducting a contraband watch, the actions of correction officers were discretionary, and Claimant did not prove he suffered any injury.
Score: 704 April 15, 2019 2019-032-502 : MORAWSKI v. THE STATE OF NEW YORK, # 2019-032-502, Claim No. 123752 
Following a unified trial assessing both liability and damages, the Court awarded claimant $30,000 for defendant's negligence in filling claimant's prescription with the incorrect medication and failure to properly treat the symptoms that resulted from such negligence.
Score: 518 April 15, 2019 2019-038-528 : DINERMAN v. NY LOTTERY, # 2019-038-528 , Claim No. 131130, Motion No. M-93350 M-93350
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act 11 (b).
Score: 518 April 15, 2019 2019-038-527 : DINERMAN v. NY LOTTERY, # 2019-038-527, Claim No. 131129, Motion No. M-93349 M-93349
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act 11 (b).
Score: 570 April 15, 2019 2019-038-531 : WISDOM v. THE STATE OF NEW YORK, # 2019-038-531, Claim No. 127060, Motion No. M-93449 M-93449
Defendant's motion to dismiss the claim granted. Notice of intention was served more than 90 days after accrual, and thus the subsequently filed and served claim was jurisdictionally defective due to untimeliness. The lack of timeliness could not be cured by an amended claim, nor can a jurisdictional defect be excused.
Score: 518 April 15, 2019 2019-038-530 : DINERMAN v. NY LOTTERY, # 2019-038-530, Claim No. 131798, Motion No. M-93352 M-93352
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act 11 (b).
Score: 518 April 15, 2019 2019-038-525 : DINERMAN v. NY LOTTERY, # 2019-038-525, Claim No. 131126, Motion No. M-93347 M-93347
Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act 11 (b).