New York State Court of Claims |
|
Your query court returned 50 results.
 |
May 15, 2019 | 2019-053-007 : DEOYE 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. |
|
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. |
|
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. |
|
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. |
 |
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. |
 |
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. |
|
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. |
|
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. |
 |
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. |
|
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. |
 |
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. |
|
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. |
|
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. |
|
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). |
 |
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. |
|
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). |
|
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. |
|
April 15, 2019 | 2019-032-021 : IFILL v. THE STATE OF NEW YORK, # 2019-032-021, Claim No. 130520, Motion No. M-93198 M-93198 Claimant's motion for a trial preference is denied as moot. |
|
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. |
|
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. |
|
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). |
|
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). |
|
April 15, 2019 | 2019-038-529 : DINERMAN v. NY LOTTERY, # 2019-038-529, Claim No. 131131, Motion No. M-93351 M-93351 Defendant's motion to dismiss granted. Claimant patently fails to comply with Court of Claims Act § 11 (b). |
|
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). |
|
April 12, 2019 | 2019-038-524 : ISOM v. THE STATE OF NEW YORK, # 2019-038-524, Claim No. 132104, Motion No. M-93081 M-93081 Defendant's motion to dismiss for lack of jurisdiction granted. Employees of a Town Police Department, County Sheriff's Department and county District Attorneys are local employees and the State cannot be found liable for their tortious conduct. |
|
April 12, 2019 | 2019-053-008 : ROSS v. STATE OF NEW YORK, # 2019-053-008, Claim No. 131777 After the Court notified the pro se claimant that his continued failure to appear for case status conferences and to respond to pretrial discovery demands could result in the dismissal of his claim, claimant again failed to appear for a scheduled case status conference. Pursuant to Court of Claims Act Section 19 and 22 NYCRR 206.10 (g), the claim is dismissed without prejudice. |
|
April 11, 2019 | 2019-038-522 : ROBINSON v. THE STATE OF NEW YORK, DEPT. OF CORR., # 2019-038-522, Claim No. 127339, Motion No. M-93144, Cross-Motion No. CM-93204 M-93144 Defendant's cross motion to dismiss the claim for failure to state a cause of action for unlawful confinement and retaliatory conduct granted and claimant's motion for summary judgment denied as moot. |
|
April 11, 2019 | 2019-038-520 : MALDONADO v. THE STATE OF NEW YORK, # 2019-038-520, Claim No. 132176, Motion Nos. M-93201, M-93235, Cross-Motion No. CM-93282 M-93201, M-93235 Defendant's motion to dismiss in lieu of answer granted for failure to comply with the pleading requirements of Court of Claims Act § 11 (b) and failure to state a cause of action. Claimant's motion for summary judgment and defendant's cross motion denied as moot. |
|
April 10, 2019 | 2019-032-501 : PATRICK v. THE STATE OF NEW YORK, # 2019-032-501, Claim No. 127561 Following a trial, the claim is dismissed for claimant's failure to prove the claim by a preponderance of the credible evidence. Claimant failed to show that defendant had actual or constructive notice of the snowy and icy condition of a walkway at Greene Correctional Facility, or that defendant failed to alleviate the condition within a reasonable period of time. |
|
April 9, 2019 | 2019-032-024 : ENGLER v. THE STATE OF NEW YORK, # 2019-032-024, Claim No. 128391, 128311, Motion Nos. M-93105, M-93072 M-93105, M-93072 Defendant's summary judgment motions denied. |
|
April 9, 2019 | 2019-053-003 : WYSOCKI v. STATE OF NEW YORK, # 2019-053-003, Claim No. 120931 After a bifurcated trial on the issue of liability, the Court found that claimant failed to establish negligence and the claim against the State was dismissed. Claimant was injured after being ejected from a motorcycle that encountered a section of raised or buckled pavement. The Court found that there was no proof to establish when the pavement was damaged or that the State had actual or constructive notice of its condition prior to claimant's accident. |
|
April 8, 2019 | 2019-054-018 : BLANCO v. THE STATE OF NEW YORK, # 2019-054-018, Claim No. 129219, Motion No. M-92526 M-92526 Summary judgment granted to claimant passenger motor vehicle accident |
|
April 8, 2019 | 2019-050-013 : Title not available SP-195 Petition for the distribution of funds deposited into an eminent domain account pursuant to EDPL § 304 and Court of Claims Act § 23 is granted. |
|
April 5, 2019 | 2019-054-019 : MOTTA v. STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY and NEW YORK STATE DIVISION OF STATE POLICE, # 2019-054-019, Claim No. 121655, Motion No. M-93248 M-93248 Summary judgment awarded to defendant dismissing the claim, traffic control by State trooper entitled to government immunity. |
|
April 5, 2019 | 2019-038-518 : CINTRON v. STATE OF NEW YORK, # 2019-038-518, Claim No. 130074, Motion No. M-92963, Cross-Motion No. CM-93054 M-92963 Claimant's motion and defendant's cross motion for summary judgment denied. Claimant proved prima facie a regulatory violation but did not prove prejudice, therefrom, and thus failed to demonstrate a violation of due process. Moreover, no violation of due process on second concurrent IMR was alleged. |
|
April 5, 2019 | 2019-038-517 : GARMLEY v. STATE OF NEW YORK(1) , # 2019-038-517, Claim No. 129218, Motion No. M-93584 M-93584 Claimant's motion for post-note of issue in camera review of a DEC Forest Ranger's personnel file is denied. Although claimant was not conducting a pre-note of issue fishing expedition, the facts anticipated to be found in the personnel file would not be admissible at trial for the litigation purposes expressly proposed by claimant, and accordingly, in camera review of the personnel file was unwarranted. |
|
April 5, 2019 | 2019-038-519 : DRAYTON v. THE STATE OF NEW YORK, # 2019-038-519, Claim No. 132212, Motion No. M-93246 M-93246 Defendant's motion to dismiss claim held in abeyance. Subsequent to the motion, claimant filed an amended claim, which supersedes the original claim. Defendant granted leave to respond to the amended claim, and claimant granted leave to reply thereto. |
|
April 3, 2019 | 2019-054-014 : WORD v. THE STATE OF NEW YORK, # 2019-054-014, Claim No. 131356, Motion No. M-93478 M-93478 claimant's motion for renewal denied, lacking a basis under CPLR 2221 (e) |
|
April 3, 2019 | 2019-032-022 : MARINO v. THE STATE OF NEW YORK, # 2019-032-022, Claim No. 124936, Motion Nos. M-92742, M-93173 M-92742, M-93173 Claimant's motions to compel discovery granted in part and denied in part. |
|
April 2, 2019 | 2019-032-020 : VARGAS v. THE STATE OF NEW YORK, # 2019-032-020, Claim No. None, Motion No. M-93088 M-93088 Movant's motion for permission to file and serve a late claim is denied for movant's failure to attach a proposed claim to the moving papers. |
|
April 1, 2019 | 2019-032-019 : COKE v. THE STATE OF NEW YORK, # 2019-032-019, Claim No. 131512, Motion No. M-93160, Cross-Motion No. CM-93283 M-93160 Defendant's motion to dismiss the claim is granted. The Court of Claims lacks subject matter jurisdiction to review DOCCS' administrative determination regarding claimant's eligibility to participate in a Master's Program. |
|
March 29, 2019 | 2019-045-012 : JACKSON v. THE STATE OF NEW YORK, # 2019-045-012, Claim No. 129390, Motion No. M-93242 M-93242 Claimant's motion to vacate the Court's prior Decision and Order in this matter. |
|
March 28, 2019 | 2019-032-017 : FEENEY v. THE STATE OF NEW YORK, # 2019-032-017, Claim No. None, Motion No. M-93002 M-93002 Movant's motion for permission to file and serve a late claim is denied for movant's failure to attach a proposed claim to the moving papers. |
|
March 28, 2019 | 2019-041-014 : WRIGHT v. THE STATE OF NEW YORK, # 2019-041-014, Claim No. 131663, Motion No. M-93483 M-93483 Claimant's motion to dismiss defendant's defenses and for sanctions is granted in part and denied in part. |
|
March 27, 2019 | 2019-032-016 : MOREHOUSE v. THE STATE OF NEW YORK, # 2019-032-016, Claim No. 130021, Motion No. M-93059, Cross-Motion No. CM-93182 M-93059 Defendant's motion to dismiss granted for claimant's failure to properly verify the claim. |
|
March 27, 2019 | 2019-032-015 : SPIGNER v. THE STATE OF NEW YORK, # 2019-032-015, Claim No. 130043, Motion No. M-93297 M-93297 Claimant's motion for spoliation sanctions is denied where claimant failed to show that the video footage in question was relevant to the claim, or that it was negligently destroyed. Claimant may renew his application at trial if the elements of spoliation are established at that time. |
|
March 27, 2019 | 2019-040-027 : GONZALEZ v. STATE OF NEW YORK, # 2019-040-027, Claim No. 127820, Motion No. M-93313 M-93313 Pro se Claimant's Motion for poor person status and assignment of counsel denied. |
|
March 26, 2019 | 2019-041-501 : THOMPSON v. THE STATE OF NEW YORK, # 2019-041-501, Claim No. 122788 Claim alleging that correction officers used excessive force on claimant during cell search is dismissed after trial where claimant's testimony alleging a series of severe beatings by the officers was belied by contemporaneous medical records and photographs of claimant and the credible testimony of defendant's trial witnesses demonstrated that the use of force upon claimant was authorized and appropriate under the circumstances. |
|
March 25, 2019 | 2019-040-026 : PAGAN v. THE STATE OF NEW YORK, # 2019-040-026, Claim No. NONE, Motion No. M-93003 M-93003 Motion for Permission to serve and file a Claim late pursuant to CCA § 10(6) granted in part. |
|
March 25, 2019 | 2019-032-014 : VAZQUEZ v. THE STATE OF NEW YORK, # 2019-032-014, Claim No. 129188, Motion No. M-92691, Cross-Motion No. CM-93056 M-92691 The claim is dismissed for failure to comply with the service requirement of Court of Claims Act § 11. |