New York State Court of Claims

New York State Court of Claims

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Score: 555 September 15, 2020 2020-038-554 : BLOUNT v. THE STATE OF NEW YORK, # 2020-038-554, Claim No. 128074, Motion No. M-95549 M-95549
Claimant's motion to compel disclosure of correction officer's personnel records held in abeyance pending submission of the records for in camera review.
Score: 678 September 8, 2020 2020-045-045 : CARLSON v. THE STATE OF NEW YORK, # 2020-045-045, Claim No. 134178, Motion No. M-95587 M-95587
Claimant's late claim motion due to insufficient location in original notice of intention and claim.
Score: 299 September 3, 2020 2020-041-027 : GREEN v. THE STATE OF NEW YORK, # 2020-041-027, Claim No. 132356, Motion No. M-95478 M-95478
Claimant's motion for summary judgment is denied where claimant's conclusory supporting affidavit simply echoes allegations of claim and thus fails to satisfy claimant's initial burden to show entitlement to judgment as a matter of law.
Score: 236 September 3, 2020 2020-041-028 : WALKER v. THE STATE OF NEW YORK, # 2020-041-028, Claim No. 134087, Motion No. M-95696 M-95696
Inmate wrongful confinement claim is dismissed for failure to state a cause of action where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in disciplinary determination which was administratively reversed.
Score: 347 August 31, 2020 2020-041-025 : SANTOS v. THE STATE OF NEW YORK, # 2020-041-025, Claim No. 128706, Motion No. M-95537 M-95537
Claimant's motion for permission to serve and file amended claim is granted where amendment simply amplifies allegations of claim and amendment would not prejudice the defendant.
Score: 498 August 28, 2020 2020-053-536 : GIBBONS v. THE STATE OF NEW YORK, # 2020-053-536, Claim No. 133516, Motion No. M-95685 M-95685
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Claimants' motion to strike two affirmative defenses is granted as to the State's affirmative defense of culpable conduct and denied as to claimant's alleged failure to utilize a seatbelt. Vehicle driven by claimant was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 475 August 28, 2020 2020-045-044 : KOCUR v. THE STATE OF NEW YORK, # 2020-045-044, Claim No. None, Motion No. M-95572 M-95572
Claimant's late claim motion denied due to failure to submit proposed claim.
Score: 449 August 28, 2020 2020-053-533 : COLE v. THE STATE OF NEW YORK, # 2020-053-533, Claim No. 133678, Motion No. M-95673 M-95673
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted.  Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-532 : MARSHA v. THE STATE OF NEW YORK, # 2020-053-532, Claim No. 133706, Motion No. M-95672 M-95672
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted.  Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-531 : McCANN v. THE STATE OF NEW YORK, # 2020-053-531, Claim No. 133695, Motion No. M-95704 M-95704
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 449 August 28, 2020 2020-053-530 : JORDAN v. THE STATE OF NEW YORK, # 2020-053-530, Claim No. 133707, Motion No. M-95683 M-95683
Claimants' motion for summary judgment on the issues of negligence and serious injury as defined by Insurance Law 5102 (d) is granted. Vehicle in which claimant was a passenger was rear-ended at a high speed by a NYS Trooper, who later pled guilty to reckless driving in violation of Vehicle and Traffic Law 1212.
Score: 626 August 27, 2020 2020-045-043 : LOCKWOOD v. THE STATE OF NEW YORK, # 2020-045-043, Claim No. None, Motion No. M-95481 M-95481
Claimant's late claim motion in medical malpractice action.
Score: 570 August 27, 2020 2020-045-042 : BENYEI v. THE STATE OF NEW YORK, # 2020-045-042, Claim No. None, Motion No. M-94588 M-94588
Claimant's late claim motion. Trip and fall over broken sign post. Town is responsible pursuant to State Highway Law § 140 (18).
Score: 449 August 26, 2020 2020-058-037 : CASTRO v. STATE OF NEW YORK, # 2020-058-037, Claim No. 125758, Motion No. M-95728 M-95728
Motion in limine prohibiting Claimant from introducing evidence at a liability only trial of Defendant's failure to ensure Claimant was secured by a seatbelt in the DOCCS van granted; alternative request to introduce demonstrative evidence denied as academic.
Score: 555 August 24, 2020 2020-053-534 : LOPEZ v. THE STATE OF NEW YORK, # 2020-053-534, Claim No. 129566, Motion No. M-95460 M-95460
The State's motion to dismiss for lack of jurisdiction is granted and the claim and amended claim are dismissed.
Score: 449 August 24, 2020 2020-053-535 : DOE v. THE NEW YORK STATE, # 2020-053-535, Claim No. NONE, Motion No. M-95717 M-95717
By Order to Show Cause, claimant sought permission to prosecute this action using the pseudonym
Score: 537 August 19, 2020 2020-038-549 : LALL v. THE STATE OF NEW YORK, # 2020-038-549, Claim No. None, Motion No. M-95185 M-95185
Late claim motion denied. Claimant failed to show that the delay in filing the claim was excusable, he had another remedy available, and he failed to provide expert proof to support his medical malpractice and medical negligence claim, which thus lacked the appearance of merit.
Score: 388 August 14, 2020 2020-045-501 : POWERS v. THE STATE OF NEW YORK, # 2020-045-501, Claim No. 125652 
Trial decision. Trip and fall at SUNY Farmingdale.
Score: 498 August 13, 2020 2020-041-021 : LAPIERRE v. THE STATE OF NEW YORK, # 2020-041-021, Claim No. 123678, Motion No. M-95522 M-95522
Claimant's application for leave to reargue motion denying appointment of counsel to represent him without payment of a fee in personal injury action is denied where claimant fails to show that the Court overlooked or misapprehended the relevant facts or law in its prior Decision and Order.
Score: 570 August 12, 2020 2020-032-064 : ROSA v. STATE OF NEW YORK, # 2020-032-064, Claim No. NONE, Motion No. M-95372 M-95372
Score: 518 August 11, 2020 2020-053-008 : TILFORD v. THE STATE OF NEW YORK, # 2020-053-008, Claim No. 130677 
Following a trial on the issue of liability only, the Court determined that claimant established that the deteriorated condition of the sidewalk where he tripped and fell was a dangerous condition, that the State had both actual and constructive notice and that its condition was a substantial factor in causing claimant's injuries. The Court also determined that claimant bears 50% culpability.
Score: 776 August 10, 2020 2020-032-062 : MCCULLOUGH v. STATE OF NEW YORK , # 2020-032-062, Claim No. 134250, Motion Nos. M-95324, M-95400 M-95324, M-95400
Defendant's motion to dismiss is denied. Court of Claims Act § 11 (a) (i) does not require filed claim and claim served upon the Attorney General to be exact copies and claimant's statement of a total sum of damages does not render the claim jurisdictionally defective.
Score: 475 August 7, 2020 2020-041-020 : PABON v. THE STATE OF NEW YORK, # 2020-041-020, Claim No. NONE, Motion No. M-95516 M-95516
Application to file late claim is denied where medical malpractice cause of action is untimely and is unsupported by medical affidavit or probative medical records; negligence cause of action purportedly based on alleged breach of Americans with Disabilities Act requirements lacks appearance of merit because defendant acted within its discretion in providing reasonable accommodations based upon its medical judgment and because claimant failed to submit competent medical proof of alleged medical disability and failed to show that defendant failed to follow any specific medical instructions in its treatment of claimant.
Score: 659 August 6, 2020 2020-041-011 : WEBBER v. THE STATE OF NEW YORK, # 2020-041-011, Claim No. 129220, Motion No. M-95271 M-95271
Court lacks jurisdiction over claim which was served more than ninety days after accrual and timely notice of intention to file claim failed to state the date claim arose, as required by Court of Claims Act 11 (b).
Score: 537 August 6, 2020 2020-041-013 : BROWN v. THE STATE OF NEW YORK, # 2020-041-013, Claim No. 131769, Motion No. M-95206, Cross-Motion No. CM-95280 M-95206
Claimant's motion for summary judgment in claim alleging assault, medical malpractice and constitutional tort is denied for failure to satisfy initial CPLR 3212 burden as to medical malpractice cause of action; defendant's cross-motion to dismiss assault and constitutional tort causes of action as jurisdictionally defective is granted.
Score: 420 August 6, 2020 2020-041-010 : GOAD v. THE STATE OF NEW YORK, # 2020-041-010, Claim No. 133527, Motion No. M-95216 M-95216
Claimant's application for trial preference based upon the claim being an action against state and for issuance of a subpoena duces tecum to aid disclosure is denied.
Score: 750 August 6, 2020 2020-041-012 : BRIFFA v. THE STATE OF NEW YORK, # 2020-041-012, Claim No. NONE, Motion No. M-95048 M-95048
Application to file late claim alleging disability-based employment discrimination by defendant against claimant/employee pursuant to Human Rights Law is denied as Court of Claims Act 10 (6) factors weigh against claimant where claimant has a superior alternative remedy in Supreme Court, where requested reinstatement is available and where proposed claim fails to show appearance of merit in that proposed claim fails to allege facts tending to show constructive discharge of claimant who resigned from employment and fails to allege facts tending to show that defendant's actions raised inference of unlawful discrimination.
Score: 809 August 6, 2020 2020-029-040 : WHALEY v. THE STATE OF NEW YORK, # 2020-029-040, Claim No. 130729, Motion No. M-95482 M-95482
The pro se claim alleged that physicians employed by New York State were negligent in delaying and failing to remove claimant's sutures from an earlier surgery, causing her to sustain permanent injuries. Claimant testified at the September 19, 2019 video trial on liability, but she did not present expert medical evidence. The court found the State not liable and dismissed the claim. Four months after judgment was entered, claimant obtained legal representation and moved to set aside the court's decision and judgment pursuant to CPLR 4404 (b), or alternatively to relieve claimant of the judgment pursuant to CPLR 5015 (a). The motion was supported by a Physician Assistant's affidavit that claimant argued was newly discovered expert evidence. The court denied the motion on several grounds and found, inter alia , that the Physician Assistant was unqualified to provide an expert medical opinion as to whether claimant's physicians violated the applicable standard of medical care.
Score: 449 August 6, 2020 2020-041-009 : BLACK v. THE STATE OF NEW YORK, # 2020-041-009, Claim No. NONE, Motion No. M-95183 M-95183
Motion to renew application to file late claim is granted based upon new evidence not available at time prior motion was made and claimant is granted permission to file and serve late claim where allegations of proposed claim provide cause to believe a valid cause of action for wrongful confinement may exist.
Score: 737 August 6, 2020 2020-041-016 : FLOWERS v. THE STATE OF NEW YORK, # 2020-041-016, Claim No. 133921, Motion No. M-95402 M-95402
Defendant's motion to dismiss claim (133921) in lieu of answering is denied where claim served more than eight (8) years after accrual is entitled to benefit of tolling effect of CPLR 205 (a) regarding previously dismissed claim (120304) for lack of subject matter jurisdiction based on failure to comply with pleading requirements of Court of Claims Act 11 (b).
Score: 498 August 6, 2020 2020-041-017 : WALSH v. THE STATE OF NEW YORK, # 2020-041-017, Claim No. 131993, Motion No. M-95561 M-95561
Claimant's motion to compel discovery of documents and information regarding non-parties and unrelated real property in claim alleging that defendant unreasonably revoked claimant/employee's revocable permit to occupy state-owned real property is granted in part and denied in part.
Score: 347 August 5, 2020 2020-058-036 : ROSS FARMS v. STATE OF NEW YORK, # 2020-058-036, Claim No. 119300, Motion No. M-95446 M-95446
Motion for summary judgment granted; State is entitled to qualified immunity on cause of action premised upon the negligent design of a culvert.
Score: 637 August 3, 2020 2020-032-059 : COOKE v. NEW YORK STATE OFFICE OF MENTAL HEALTH-NEW YORK CITY FIELD OFFICE, # 2020-032-059, Claim No. 134154, Motion No. M-95341 M-95341
The claim is dismissed for failure to comply with Court of Claims Act § 11 (b).
Score: 626 August 3, 2020 2020-032-057 : FULTON v. STATE OF NEW YORK, # 2020-032-057, Claim No. 133981, Motion No. M-95262, Cross-Motion No. CM-95306 M-95262
Defendant's motion to dismiss the claim is granted. Claim served by regular mail, not certified mail, return receipt requested.
Score: 475 August 3, 2020 2020-015-064 : GURVEY v. STATE OF NEW YORK, # 2020-015-064, Claim No. 134439, Motion No. M-95440 M-95440
Defendant's dismissal motion based on the lack of a verified claim and improper service of the claim by regular mail was granted.
Score: 737 August 3, 2020 2020-040-008 : GONZALEZ v. STATE OF NEW YORK, # 2020-040-008, Claim No. 127820 
Following Trial, Court finds that Claimant failed to establish that Defendant was responsible for his slip and fall on ice or that he received inadequate medical care.
Score: 678 August 3, 2020 2020-032-060 : DUDLEY v. STATE OF NEW YORK(3) , # 2020-032-060, Claim No. 133996, Motion No. M-95340 M-95340
Defendant's motion to dismiss the claim is granted. The claim is untimely and the Court lacks jurisdiction over local CSEUs and actions of support magistrate in Brooklyn Family Court.
Score: 600 July 31, 2020 2020-053-528 : STEPHEN v. THE STATE OF NEW YORK, # 2020-053-528, Claim No. 126876, Motion No. M-95432 M-95432
The State's motion for summary judgment of this medical malpractice claim is granted and the action is dismissed. The claim arose out of alleged injuries received by the infant claimant in a cesarean section delivery. Claimants failed to oppose defendant's motion.
Score: 824 July 31, 2020 2020-053-009 : QUICK v. STATE OF NEW YORK, # 2020-053-009, Claim No. 122817 
Following a trial on the issue of damages, the Court determined that claimant did not establish by a preponderance of the evidence that he suffered disc herniations in his lumbar spine and in his middle back and neck related to a fall from an upper bunk while incarcerated. The Court determined that claimant had degenerative changes and arthritis in his lumbar spine that were unrelated to the fall. The Court finds no permanent injury and awards claimant $12,000 for past pain and suffering as a direct result of the fall.
Score: 420 July 27, 2020 2020-038-547 : DODSON v. THE STATE OF NEW YORK, # 2020-038-547, Claim No. 133505, Motion No. M-95359 M-95359
Claimant's motion for leave to file and serve an amended claim granted. Proposed amendments were not plainly lacking in merit, and defendant did not argue prejudice or unfair surprise.
Score: 518 July 22, 2020 2020-045-038 : NAVATTO v. THE STATE OF NEW YORK, # 2020-045-038, Claim No. 131780, Motion No. M-95374 M-95374
Defendant's motion for summary judgment alleging that claimant, a bicyclist who was injured on grass clippings on the Jones Beach bike path, failed to adequately describe the location of his accident in the notice of intention to file a claim and the claim as required by CCA § 11 (b). Defendant also alleges that it did not have notice of the grass clippings disbursed by the lawn mower.
Score: 537 July 21, 2020 2020-045-041 : REID v. THE STATE OF NEW YORK, # 2020-045-041, Claim No. 134336, Motion No. M-95425 M-95425
Defendant's motion to dismiss claim which took place within Nassau County District Courthouse.
Score: 149 July 17, 2020 2020-015-063 : CALVERLEY v. STATE OF NEW YORK, # 2020-015-063, Claim No. 131626, Motion No. M-95479 M-95479
Claimant's motion to admit, pro hac vice, an out-of-state attorney to participate in the prosecution of this claim was granted.
Score: 498 July 16, 2020 2020-053-527 : MANISCALCO v. THE STATE OF NEW YORK, # 2020-053-527, Claim No. NONE, Motion No. M-95326 M-95326
Pro se inmate seeks permission to late file a claim alleging wrongful confinement. The motion is denied without prejudice. Movant failed to include a proposed claim and address the factors set forth in Court of Claims Act 10 (6).
Score: 626 July 10, 2020 2020-034-510 : ORTIZ v. THE STATE OF NEW YORK, # 2020-034-510, Claim No. 126292, Motion No. M-95254 M-95254
Defendant who pleads guilty is not precluded from seeking section 8-b relief on the basis that he contributed to his own conviction where the judgment was vacated pursuant to CPL 440.10 (1) (g-1), which must be deemed to be part of paragraph (g).
Score: 744 July 10, 2020 2020-038-536 : CRISCUOLO v. THE STATE OF NEW YORK, # 2020-038-536, Claim No. 132507, Motion Nos. M-95070, CM-95384 M-95070, CM-95384
Defendant's cross motion to dismiss the claim for lack of jurisdiction granted. The Court lacks jurisdiction over the causes of action alleging violations of claimant's federal and state constitutional rights, and, insofar as the claim asserts a claim for lost personal property, claimant failed to exhaust his administrative remedies prior to filing the claim as required by Court of Claims Act § 10 (9). Claimant's motion to compel discovery responses denied as moot.
Score: 737 July 10, 2020 2020-038-545 : NOVA v. THE STATE OF NEW YORK, # 2020-038-545, Claim No. 134129, Motion No. M-95173 M-95173
Defendant's pre-answer motion to dismiss granted in part. Motion denied insofar as it sought to dismiss the claim for lack of subject matter jurisdiction and failure to state a claim on the ground that the Albany County Clerk was acting at a State officer for the purposes of this claim. Motion insofar as it sought to dismiss the claim based on the documentary evidence granted in part. Documentary evidence showed that the Albany County Clerk did not willfully refuse to process claimant's complaint but did not utterly refute claimant's allegation that the Albany County Clerk failed to process claimant's motions.
Score: 678 July 10, 2020 2020-038-544 : FRANCISCHELLI v. THE STATE OF NEW YORK, # 2020-038-544, Claim No. NONE, Motion No. M-95329 M-95329
Claimant's motion for late claim relief denied. Claimant failed to demonstrate a reasonable excuse for the delay in filing the claim, the claim lacked the appearance of merit, and claimant had another remedy available to him.
Score: 149 July 9, 2020 2020-053-525 : FALLS v. THE STATE OF NEW YORK, # 2020-053-525, Claim No. 133906, Motion No. M-95363 M-95363
Pro se claimant moved to compel the State to respond to his pretrial discovery demands. The State responded to claimant's demands after filing of this motion and claimant did not reply or argue that the response was incomplete or improper. The motion is denied as moot.
Score: 299 July 9, 2020 2020-038-542 : G.C. v. THE STATE OF NEW YORK, # 2020-038-542, Claim No. 134052, Motion No. M-95242 M-95242
Claimant's motion to compel responses to discovery demands denied as premature for failure to demonstrate that demands were served on defendant prior to filing the motion to compel.