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: 236 January 31, 2018 2018-015-106 : GRESSLER v. THE STATE OF NEW YORK, # 2018-015-106, Claim No. 124165, Motion No. M-91579 M-91579
Claimant's letter motion to adjourn the trial, direct the return of certain evidence confiscated by his parole officer and for the appearance of a witness at trial was denied.
Score: 518 January 30, 2018 2018-054-007 : BASABE v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, MEDICAL UNIT, EASTERN NY CORRECTIONAL FACILITY, # 2018-054-007, Claim No. NONE, Motion No. M-91516 M-91516
Late claim application denied, no proposed claim included with motion papers, no appearance of merit.
Score: 555 January 30, 2018 2018-054-009 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-009, Claim No. 127328, Motion No. M-91625 M-91625
Motion to dismiss granted, defendant not served.
Score: 713 January 30, 2018 2018-032-014 : BRENSON v. THE STATE OF NEW YORK, # 2018-032-014, Claim No. 127361, Motion No. M-91014, Cross-Motion No. CM-91202 M-91014
Claimant's motion for summary judgment and to strike defendant's answer is denied and defendant's cross motion for summary judgment is granted.
Score: 537 January 29, 2018 2017-054-019 : DIAZ v. THE STATE OF NEW YORK, # 2017-054-019, Claim No. NONE, Motion No. M-91206 M-91206
Late claim application granted, defendant did not establish undue prejudice . It had timely notice of the incident.
Score: 555 January 29, 2018 2018-054-008 : MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-008, Claim No. 127001, Motion No. M-91624 M-91624
Motion to dismiss granted, defendant not served.
Score: 449 January 25, 2018 2018-054-002 : ROGERS v. THE STATE OF NEW YORK, DEPT. OF CORRECTIONAL SERVICES, # 2018-054-002, Claim No. 120280 
No appearance at trial, no forwarding address for released pro se inmate claimant, claim dismissed for failure to prosecute.
Score: 518 January 22, 2018 2018-041-007 : FLOWERS v. THE STATE OF NEW YORK, # 2018-041-007, Claim No. 120304, Motion No. M-91320 M-91320
Claimant's motion for reconsideration of decision and order dismissing unverified claim for lack of jurisdiction is denied.
Score: 498 January 19, 2018 2018-041-006 : WORD v. THE STATE OF NEW YORK, # 2018-041-006, Claim No. 130185, Motion Nos. M-91133, M-91267, M-91382 M-91133, M-91267, M-91382
Claim is dismissed for lack of jurisdiction where service of claim upon Attorney General was not made either personally or by certified mail, return receipt requested.
Score: 537 January 18, 2018 2018-040-005 : RAMOS v. THE STATE OF NEW YORK, # 2018-040-005, Claim No. 123883 
Court finds pro se Claimant failed to establish by a preponderance of the credible evidence that Defendant was responsible for the damage to his radio when he was transferred.
Score: 600 January 17, 2018 2018-045-002 : ACOSTA v. THE STATE OF NEW YORK, # 2018-045-002, Claim No. 126006, Motion No. M-90821, Cross-Motion No. CM-91094 M-90821
Defendant's summary judgment motion to dismiss the claim for failure to timely file the claim. Claimant's cross-motion to file a late claim after expiration of statute of limitations. NOI was also served after 90 days.
Score: 347 January 16, 2018 2018-015-10 : KABA v. THE STATE OF NEW YORK, # 2018-015-10, Claim No. NONE, Motion No. M-91548 M-91548
Movant's application for leave to serve and file a late claim alleging negligent supervision in prison was denied as he failed to support his motion with a proposed claim and failed to establish the potential merit of the claim.
Score: 347 January 12, 2018 2018-15-102 : LIGGINS v. THE STATE OF NEW YORK, # 2018-15-102, Claim No. NONE, Motion No. M-91475 M-91475
Claimant's motion for permission to file and serve a late claim was denied as a proposed claim was not submitted with the motion and the claimant failed to address the details or merit of his proposed claim in his affidavit submitted in support of the motion.
Score: 347 January 12, 2018 2018-038-515 : LINDSAY v. THE STATE OF NEW YORK DEPT. OF CORRECTIONAL/COMMUNITY SERVICES CORRECTION OFFICER, C FRANTZ, # 2018-038-515, Claim No. 125638, Motion No. M-90925 M-90925
Defendant's motion for summary judgment in motor vehicle accident claim denied. Defendant's expert did not provide a sufficient factual basis for her opinion that claimant's injuries were not significant or permanent, and defendant did not argue that claimant had not suffered a permanent consequential limitation as had been asserted in the bill of particulars Also, defendant's expert's affidavit did not demonstrate that her opinion was given with a reasonable degree of medical certainty.
Score: 555 January 12, 2018 2017-045-055 : GAFFNEY v. THE STATE OF NEW YORK, # 2017-045-055, Claim No. 124541, Motion Nos. M-90565, M-90777 M-90565, M-90777
Defendant's motion to dismiss pro se inmate claim for failure to state a cause of action and failure to meet the requirements of CCA 11 (b). Claimant brought a separate motion to amend the claim.
Score: 299 January 11, 2018 2018-038-513 : ALVAREZ v. STATE OF NEW YORK, # 2018-038-513, Claim No. 126231, Motion No. M-91158 M-91158
Defendant's motion to dismiss for improper manner of service of the claim denied. Defendant did not submit proof that claim was served by regular mail, not CMRRR.
Score: 600 January 11, 2018 2018-053-505 : FOSTER v. THE STATE OF NEW YORK, # 2018-053-505, Claim No. NONE, Motion No. M-91294 M-91294
Pro se inmate's motion for permission to file and serve to recover for injuries sustained when he was allegedly assaulted by correction officers is granted. Movant established several factors favorable to his claim as required by the Court of Claims Act 10 (6), including that the State had notice, an opportunity to investigate and that there is no prejudice. Movant also established that his claim has the appearance of merit.
Score: 637 January 10, 2018 2018-032-008 : MOSQUERA v. THE STATE OF NEW YORK, # 2018-032-008, Claim No. 129478, Motion No. M-90345, Cross-Motion No. CM-91088 M-90345
Defendant's motion to dismiss the claim as jurisdictionally defective for failing to comply with Court of Claims Act 11 (b) is granted. Claimant's cross-motion to amend is denied.
Score: 713 January 10, 2018 2018-038-506 : WARES v. THE STATE OF NEW YORK, # 2018-038-506, Claim No. None, Motion No. M-91117 M-91117
Motion for late claim relief denied for proposed claim alleging that claimant was assaulted by defendant's employees and seeking compensation for lost personal property. Late claim relief is unavailable for inmate property claims, a cause of action sounding in intentional tort for the assault is beyond the applicable one-year statue of limitations, and late claim relief was not warranted for a State constitutional tort claim because statutory factors, including the absence of merit, weighed against granting late claim relief.
Score: 388 January 10, 2018 2018-038-508 : EDWARDS v. THE STATE OF NEW YORK, # 2018-038-508, Claim No. 123656, Motion No. M-90903 M-90903
Claimant's motion for spoilation sanctions denied. Prior protective order prevented disclosure of nominally modified PAS Manual, and claimant did not demonstrate that prior version would have been discoverable. That branch seeking sanctions due to alleged editing of prejudicial portion of video denied without prejudice because claimant's submission was unsworn and was unaccompanied by a copy of the challenged video.
Score: 670 January 10, 2018 2018-038-507 : CURRY v. THE STATE OF NEW YORK, # 2018-038-507, Claim No. None, Motion No. M-90864 M-90864
Motion for late claim relief denied. Proposed claim alleged that claimant was assaulted by defendant's employees. Cause of action sounding in the intentional tort of assault was beyond the one-year statue of limitations. Late claim relief not available for State constitutional tort cause of action because statutory factors, including the absence of merit, weighed against granting late claim relief.
Score: 420 January 9, 2018 2017-054-022 : DWYER v. THE STATE OF NEW YORK, # 2017-054-022, Claim No. 127203, Motion No. M-91360 M-91360
Claim dismissed, improper service without return receipt requested.
Score: 420 January 8, 2018 2017-054-021 : WHITE v. TAMIKA DORTCH, KENNETH M. PERRY, ESQ., in his Individual and Official Capacity, GEORGE B. LEWIS, ESQ., in his Individual and Official Capacity, MARTIN GOLDBERG, ESQ., in his Individual and Official Capacity, KEVIN O'DONNELL, ESQ., in his Individual and Official Capacity, CHARLES J. HYNES, ESQ., in his Individual and Official Capacity, et al., # 2017-054-021, Claim No. 130288, Motion No. M-91348 M-91348
Service upon the State by regular mail. No jurisdiction.
Score: 420 January 8, 2018 2017-054-032 : ALSAIFULLAH v. THE STATE OF NEW YORK, # 2017-054-032, Claim No. NONE, Motion No. M-91342 M-91342
Late claim application denied on inmate bailment claims.
Score: 555 January 8, 2018 2017-054-031 : RAHMAN v. THE STATE OF NEW YORK, # 2017-054-031, Claim No. NONE, Motion No. M-91331 M-91331
Late claim application denied
Score: 388 January 8, 2018 2017-054-023 : HAMILTON v. NY STATE DEPT. OF CORRECTIONS, # 2017-054-023, Claim No. 125840, Motion No. M-91350 M-91350
Claim dismissed, no service upon defendant.
Score: 585 January 8, 2018 2018-041-002 : HEYLIGER v. THE STATE OF NEW YORK, # 2018-041-002, Claim No. 128886, Motion Nos. M-91225, CM-91304 M-91225, CM-91304
Defendant's cross-motion to dismiss claim alleging that correction officers intentionally assaulted claimant is granted where claim was not filed within time period set forth in Court of Claims Act 10 (3-b).
Score: 420 January 8, 2018 2017-054-020 : HERNANDEZ v. THE STATE OF NEW YORK, # 2017-054-020, Claim No. 125773, Motion No. M-91335 M-91335
Claim dismissed, service on defendant by regular mail.
Score: 687 January 8, 2018 2018-053-503 : MASSIAH v. THE STATE OF NEW YORK, # 2018-053-503, Claim No. 127925-A, Motion No. M-91205 M-91205
Pro se inmate filed claim seeking damages for the loss of personal property to which no answer was filed. By Order to Show Cause, the parties were to submit statements regarding the service of the claim and whether it complied with the Court of Claims Act. The Court determined that although served beyond the 120 day limitation period, the State did not answer the claim nor did the State move for permission to file a late answer. Accordingly, the State waived any right to object to the late filing and service of the claim and is precluded at trial from offering evidence contesting liability. Claimant is still required to present evidence on liability and damages.
Score: 449 January 8, 2018 2017-054-025 : BROWN v. THE STATE OF NEW YORK, Deputy Superintendent for Security Robert I. Morton of Ulster Corr. Fac., L.T. Couch of Ulster Corr. Fac., Officer A. Davison of Ulster Corr. Fac., in Thair [sic] Individual Capacity, # 2017-054-025, Claim No. 120281, Motion No. M-91355 M-91355
Untimely filed claim is dismissed.
Score: 236 January 5, 2018 2018-032-005 : LYADAI v. NYSIF NEW YORK STATE INSURANCE FUND, # 2018-032-005, Claim No. 129860, Motion No. M-90805 M-90805
Defendant's motion to dismiss the claim for non-compliane with CPLR 321 (a) is granted.
Score: 659 January 5, 2018 2018-032-004 : HAUSDORF v. THE STATE OF NEW YORK, # 2018-032-004, Claim No. 129772, Motion Nos. M-90834, M-90766 M-90834, M-90766
Defendant's motion to dismiss the claim pursuant to Court of Claims Act 10 (3) is granted and the claim is dismissed. Claimant's application for permission to file a late claim is denied due to claimant's failure to attach a proposed claim.
Score: 449 January 4, 2018 2018-038-503 : CARTER v. THE STATE OF NEW YORK, # 2018-038-503, Claim No. 129630, Motion No. M-90586 M-90586
Claimant's motion to strike 7 affirmative defenses granted in part. Those defenses that claimant showed to be lacking in merit without sufficient opposition from defendant are dismissed.
Score: 518 January 4, 2018 2018-038-502 : BLACK v. NYS DOL UNEMPLOYMENT APPEALS DIVISION LINDA GEORGE, ESQ. ASSISTANT ATTORNEY GENERAL, # 2018-038-502, Claim No. 129715, Motion No. M-90830 M-90830
Claim seeking money damages for unemployment insurance benefits dismissed for lack of jurisdiction. Proper forum for review of denial of such benefits is direct appeal to the Appellate Division in accordance with Labor Law 624.
Score: 585 January 4, 2018 2018-040-003 : GREEN v. STATE OF NEW YORK, # 2018-040-003, Claim No. 123812 
Court finds Claimant established at Trial that Defendant was negligent for losing some of Claimant's personal property. Claimant awarded $80.90 for lost property.
Score: 613 January 4, 2018 2018-040-004 : McCARTHY v. THE STATE OF NEW YORK, # 2018-040-004, Claim No. 130119, Motion No. M-91091 M-91091
State's Motion to Dismiss for failure to verify Claim denied.
Score: 449 January 4, 2018 2018-040-002 : CHUNG v. STATE OF NEW YORK, # 2018-040-002, Claim No. 122890 
Pro se Claimant failed to establish Defendant was negligent regarding the loss of certain items of personal property. Claim dismissed.
Score: 648 January 4, 2018 2018-032-002 : SMITH v. THE STATE OF NEW YORK, # 2018-032-002, Claim No. 129410, Motion No. M-90979 M-90979
Defendant's motion to dismiss the claim is granted, as claimant failed to serve the claim by certified mail, return receipt requested in accordance with Court of Claims Act 11 (a).
Score: 637 January 4, 2018 2018-032-001 : DALLAS v. THE STATE OF NEW YORK, # 2018-032-001, Claim No. None, Motion No. M-90918 M-90918
Movant's motion seeking an order granting leave to file and serve a late claim upon defendant pursuant to Court of Claims Act 10 (6) is granted.
Score: 498 January 3, 2018 2018-038-101 : FIELDS v. THE STATE OF NEW YORK, # 2018-038-101, Claim No. 126234 
Score: 236 January 3, 2018 2017-015-296 : WALKER v. THE STATE OF NEW YORK, # 2017-015-296, Claim No. 130179, Motion No. M-91434 M-91434
Claimant's motion for summary judgment on his wrongful confinement claim was denied for failure to submit the pleadings in support of the motion.
Score: 149 January 2, 2018 2017-015-295 : RAMOS v. THE STATE OF NEW YORK, # 2017-015-295, Claim No. 127041-A, Motion No. M-91465 M-91465
Claimant's motion for summary judgment was denied as procedurally defective because he failed to include copies of the pleadings.
Score: 687 January 2, 2018 2017-029-097 : PRATOW v. THE STATE OF NEW YORK, # 2017-029-097, Claim No. 125024, Motion Nos. M-91254, M-91284 M-91254, M-91284
The claim seeks damages for breach of contract. The court treated defendant's post-note of issue motion to dismiss for lack of subject matter jurisdiction as a motion for summary judgment based on the statutory ground codified at CPLR 3211(a)(2) for pre-answer motions to dismiss. The court found that it lacked subject matter jurisdiction because the claim was untimely under Court of Claims Act 10(4) and that defendant demonstrated entitlement to summary judgment under the express terms of the Contract, and the evidence established no disputed issue of material fact. Defendant was found not liable for breach of contract.
Score: 537 January 2, 2018 2018-040-001 : MARMOL v. THE STATE OF NEW YORK, # 2018-040-001, Claim No. 122608 
Court finds Claimant failed to establish by a preponderance of the credible evidence adduced at trial that Defendant was negligent in holding Claimant's Tier Hearing.
Score: 347 January 2, 2018 2017-015-294 : SNOWE v. THE STATE OF NEW YORK, # 2017-015-294, Claim No. 130367, Motion No. M-91419 M-91419
Claim alleging only that an inmate was slashed in the face by another inmate failed to sufficiently allege how the State was negligent and was therefore dismissed for failing to meet the pleading requirements of Court of Claims Act 11 (b).
Score: 600 December 28, 2017 2017-032-064 : KIM v. THE STATE OF NEW YORK, # 2017-032-064, Claim No. None, Motion No. M-90594 M-90594
Movant's application for late claim relief pursuant to Court of Claims Act 10 (6) is denied.
Score: 613 December 27, 2017 2017-015-293 : RUCANO v. THE STATE OF NEW YORK, # 2017-015-293, Claim No. 128141, Motion Nos. M-91312, M-91313 M-91312, M-91313
Motion to reargue prior Decision and Order denying claimant's motion to amend claim was denied and motion for permission to file a late claim alleging a cause of action for assault and battery was granted.
Score: 585 December 22, 2017 2017-045-052 : COLLINS v. THE STATE OF NEW YORK, # 2017-045-052, Claim No. None, Motion No. M-90475 M-90475
Claimant's late claim labor law motion.
Score: 770 December 22, 2017 2017-053-585 : SANCHEZ v. THE STATE OF NEW YORK, # 2017-053-585, Claim No. 130003, Motion Nos. M-90802, M-90944 M-90802, M-90944
Claimant's motion for permission to file a late claim is denied. He may file a subsequent motion for permission to late file a claim that complies with the requirements of Court of Claims Act 11 (b) and addresses the factors set forth in Court of Claims Act 10 (6). Defendant's motion to dismiss is granted in part and denied in part.
Score: 498 December 22, 2017 2017-045-054 : HARRIS v. THE STATE OF NEW YORK, # 2017-045-054, Claim No. 129911, Motion No. M-90753, Cross-Motion No. CM-90888 M-90753
Defendant's motion to dismiss pro se inmate claim for failure to state a cause of action. Claimant brought a cross motion for summary judgment which was denied as it was brought prior to issue being joined.