New York State Court of Claims

New York State Court of Claims

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Score: 570 February 19, 2019 2019-050-010 : BRENNER v. THE STATE OF NEW YORK, # 2019-050-010, Claim No. 127517, Motion No. M-93281 M-93281
Defendant's motion to dismiss the claim pursuant to CCA sections 10 and 11 is granted.
Score: 600 February 8, 2019 2019-053-001 : LINEN v. STATE OF NEW YORK, # 2019-053-001, Claim No. 127810 
Following a bifurcated trial on the issue of liability, the Court dismissed a claim of negligence against the State resulting from a slip and fall accident.  The Court ruled that claimant failed to establish by a preponderance of the evidence that a dangerous condition existed on the hospital floor where she fell.
Score: 475 January 31, 2019 2019-038-103 : WHEDON v. THE STATE OF NEW YORK, # 2019-038-103, Claim No. 126971 
Defendant found liable to claimant for injuries sustained when he was using a table saw while assigned to work in the correctional facility workshop.  Defendant breached its duty to properly train the inmate/claimant in how to safely use the saw. Claimant was not reckless and thus his own conduct was not the sole proximate cause of his accident, but because he failed to exercise due care, his conduct was a proximate cause. Liability apportioned 50/50.
Score: 236 January 31, 2019 2019-051-502 : TAFARI v. STATE OF NEW YORK, # 2019-051-502, Claim No. 118751 
Score: 475 January 30, 2019 2019-015-108 : ANAND v. THE STATE OF NEW YORK, # 2019-015-108, Claim No. 129899, 129898, Motion Nos. M-93063, M-93062 M-93063, M-93062
Claimant's motion was denied to the extent he sought discovery and a change of venue and was granted to the limited extent of extending the date to serve and file the note of issue.
Score: 475 January 29, 2019 2018-054-119 : KEENE v. THE STATE OF NEW YORK, # 2018-054-119, Claim No. 132047, Motion No. M-93114 M-93114
State's motion to dismiss granted, claim treated as a nullity, lack of verification.
Score: 648 January 25, 2019 2019-040-012 : FAREIRA v. THE STATE OF NEW YORK, # 2019-040-012, Claim No. 128437 
Court finds Claimant failed to establish by a preponderance of the credible evidence that the State was responsible when he fell after getting out of a van at CNYPC after returning from a doctor's appointment.
Score: 585 January 23, 2019 2019-041-007 : HENDRICKS v. THE STATE OF NEW YORK, # 2019-041-007, Claim No. 131894, Motion No. M-93199, Cross-Motion No. CM-93254 M-93199
Claim alleging that defendant removed claimant from inmate Tailor Shop Program in retaliation for inmate filing a facility grievance is dismissed for lack of subject matter jurisdiction and for failure to state a cause of action.
Score: 388 January 22, 2019 2019-028-501 : BONILLA v. THE STATE OF NEW YORK, # 2019-028-501, Claim No. 131369, Motion Nos. M-92428, M-92450 M-92428, M-92450
Score: 518 January 22, 2019 2019-028-500 : ADAMS v. THE STATE OF NEW YORK, # 2019-028-500, Claim No. 124215, Motion No. M-91188 M-91188
Score: 420 January 22, 2019 2019-028-502 : COFIELD v. THE STATE OF NEW YORK, # 2019-028-502, Claim No. 131182, Motion No. M-92376 M-92376
Score: 449 January 18, 2019 2019-053-002 : McARTHUR v. THE STATE OF NEW YORK, # 2019-053-002, Claim No. 127245 
Claimant failed to appear for a scheduled trial. The State's motion to dismiss for failing to appear and failure to prosecute pursuant to Court of Claims Act 19 (3) and Part 206.6 of the Uniform Rules of the Court of Claims is granted.
Score: 798 January 18, 2019 2019-053-507 : KNAB v. NEW YORK STATE THRUWAY AUTHORITY, # 2019-053-507, Claim No. 120851, Motion No. M-92869 M-92869
The Third-Party Defendant, an excess insurance carrier, brought a motion to dismiss the third-party claim of the New York State Thruway Authority (NYSTA) following the Court's December 21, 2018 decision which dismissed the declaratory judgment action against the comprehensive general liability (CGL) carrier for the excess policy. The Court denied the excess carrier's contention that the Court of Claims lacked personal jurisdiction to render a declaratory judgment or that the excess carrier had a right to a jury trial or that the Court lacked subject matter jurisdiction. However, the Court granted the motion on the basis that that the CGL carrier for this excess policy had no duty to indemnify the NYSTA. 
Score: 537 January 17, 2019 2019-041-004 : GILLARD v. THE STATE OF NEW YORK, # 2019-041-004, Claim No. 132202, Motion No. M-93213 M-93213
Claim which fails to state a cause of action and fails to satisfy pleading requirements of Court of Claims Act 11 (b) is dismissed for lack of subject matter jurisdiction.
Score: 637 January 17, 2019 2019-053-505 : LYONS v. THE STATE OF NEW YORK, # 2019-053-505, Claim No. NONE, Motion No. M-93275 M-93275
Pro se inmate's motion for permission to late file a claim pursuant to Court of Claims Act 10 (6) is denied as he seeks to file a loss of personal property claim for which late claim relief may not be brought under Court of Claims Act 10 (9).
Score: 420 January 16, 2019 2019-038-102 : VELEZ v. STATE OF NEW YORK, # 2019-038-102, Claim No. 123311 
Claim for wrongful confinement dismissed after trial. Despite administrative reversal of hearing officer's finding of guilt, claimant did not prove that his confinement was not privileged or that he was not timely released from confinement after the administrative reversal.
Score: 704 January 16, 2019 2019-040-003 : TYOE v. THE STATE OF NEW YORK, # 2019-040-003, Claim No. 130720, Motion No. M-93004 M-93004
State's Motion to dismiss on basis Claimants failed to timely serve the Claim in accordance with Court of Claims Act §§ 10(3) & 11(a) granted.
Score: 236 January 16, 2019 2019-038-504 : ROMERO v. THE STATE OF NEW YORK, # 2019-038-504, Claim No. 128019, Motion No. M-92846 M-92846
Claimant's motion for summary judgment denied. Bailment claim seeks compensation for items delivered to defendant and found missing when package was received by recipient.  Documents from the administrative claim process that were submitted by claimant in support of his motion raised an issue of fact as to whether items were lost while in the possession of DOCCS or the United States Postal Service.
Score: 236 January 16, 2019 2019-038-502 : WARD v. THE STATE OF NEW YORK, # 2019-038-502, Claim No. 122631, Motion No. M-93049 M-93049
Claimant's motion to compel discovery is granted on default. Defendant is ordered to produce all demanded items except those to which it asserts an objection of privilege or palpable impropriety.
Score: 648 January 15, 2019 2019-038-101 : CORRADO WILLIAMS v. STATE OF NEW YORK, # 2019-038-101, Claim No. 123720 
Score: 585 January 14, 2019 2019-040-002 : HARTLEY v. THE STATE OF NEW YORK, # 2019-040-002, Claim No. 126092, Motion No. M-92938 M-92938
State's Motion to Dismiss Claim on basis it was not served personally or by certified mail, return receipt requested, as required by CCA § 11(a)(i), but, rather, by regular mail, granted.
Score: 626 January 11, 2019 2019-041-002 : NORTHBURG v. THE STATE OF NEW YORK, # 2019-041-002, Claim No. NONE, Motion No. M-93051 M-93051
Application to file late claim is granted where claim alleging negligent failure of defendant to clear sidewalk of snow and ice has appearance of merit and defendant had prompt notice of circumstances underlying claimant's accident and injuries.
Score: 388 January 11, 2019 2019-044-001 : ACOSTA v. THE STATE OF NEW YORK, # 2019-044-001, Claim No. 124616 
Claimant's failure to introduce expert testimony in dental malpractice/negligence case resulted in dismissal after trial.
Score: 555 January 11, 2019 2019-051-009 : JOHNSON v. STATE OF NEW YORK, # 2019-051-009, Claim No. 129887, Motion No. M-90839 M-90839
Defendant's pre answer motion to dismiss serial pro se litigant's causes of action sounding in intentional medical malpractice and negligence and negligent supervision, was converted by the Court to a motion for summary judgment and adjourned for 60 days to permit additional submissions. In the issue of protecting the limited resources of the State, the summary judgment motion was adjourned for an additional 60 days for the parties to address issues raised by the Court.
Score: 498 January 11, 2019 2019-054-003 : MICHAEL P. v. THE STATE OF NEW YORK, # 2019-054-003, Claim No. 129444, Motion No. M-92873 M-92873
Motion, by OTSC, to be relieved as counsel granted,
Score: 498 January 10, 2019 2019-054-002 : BATTEE v. THE STATE OF NEW YORK, # 2019-054-002, Claim No. NONE, Motion No. M-92772 M-92772
Movant's application for leave to serve and file a late claim denied, insufficient funds in inmate account for postage.
Score: 236 January 10, 2019 2019-053-502 : SCOTT v. STATE OF NEW YORK, # 2019-053-502, Claim No. 128856, Motion No. M-92989 M-92989
Pro se inmate's motion to strike the answer and affirmative defenses of the State is denied as claimant's motion papers fail to sustain his burden to establish that the answer and affirmative defenses lack merit as a matter of law.
Score: 600 January 10, 2019 2019-051-007 : JOHNSON v. STATE OF NEW YORK, # 2019-051-007, Claim No. 129935, Motion No. M-90804 M-90804
Defendant's pre answer motion to dismiss serial pro se litigant's causes of action, sounding in medical negligence and malpractice and negligent supervision, was converted by the Court to a motion for summary judgment and granted. Defendant's motion also requested sanctions was denied as moot because claimant was previously sanctioned. Plaintiff's request for sanctions denied on both procedural and substantive grounds.
Score: 475 January 10, 2019 2019-053-501 : CRUZ v. THE STATE OF NEW YORK, # 2019-053-501, Claim No. 131629, Motion No. M-93039 M-93039
A pro se inmate's motion for summary judgment in a claim alleging medical negligence and medical malpractice is denied. Claimant's motion was not supported by a copy of the pleadings and other proof pursuant to CPLR 3212 (b). In the alternative, claimant did not sustain his burden and failed to submit expert evidence that the State deviated from the standard of care to prove causation.
Score: 518 January 9, 2019 2019-050-002 : TURNER v. THE STATE OF NEW YORK, # 2019-050-002, Claim No. NONE, Motion No. M-93083 M-93083
Movant's late claim motion is denied.
Score: 388 January 9, 2019 201-050-001 : WASHINGTON v. THE STATE OF NEW YORK, # 201-050-001, Claim No. 131491, Motion No. M-93179 M-93179
Claimant's motion to compel disclosure is denied. The motion is not supported by an affidavit as is required by CPLR 2214 and the rules of this Court.
Score: 518 January 9, 2019 2019-054-001 : BROWN v. THE STATE OF NEW YORK, # 2019-054-001, Claim No. 123537 
Res ipsa loquitur is applicable to this case and an inference of negligence to be drawn against the State. State 100% liabile.
Score: 537 January 8, 2019 2019-015-103 : GRANGER v. THE STATE OF NEW YORK, # 2019-015-103, Claim No. 128342 
Claim alleging medical malpractice and/or medical negligence was dismissed following the Court's service of a 90-day demand to serve and file the Note of Issue and Certificate of Readiness for Trial. Counsel for the claimant, Franzblau Dratch, P.C., was given every opportunity to comply with the court's request to complete discovery and serve and file the Note of Issue but failed to do so.
Score: 613 January 8, 2019 2018-032-015 : BARNES v. THE STATE OF NEW YORK, # 2018-032-015, Claim No. 120755 
Following a trial on liability, the Court finds that claimant failed to prove his claim for bailment or his claim for ministerial negligence by a preponderance of the medical evidence.
Score: 900 January 8, 2019 2019-040-001 : HAMILTON v. THE STATE OF NEW YORK, # 2019-040-001, Claim No. 129318, Motion No. M-92298 M-92298
State's Motion to Dismiss granted in part and denied in part. State constitutional cause of action dismissed. Court concludes, based upon case law, that wrongful death and
Score: 236 January 7, 2019 2019-015-104 : NASH v. STATE OF NEW YORK, # 2019-015-104, Claim No. 129666, Motion No. M-92926 M-92926
Pro se inmate's motion to compel discovery was denied as his affidavit of service failed to reflect the service of supporting exhibits as required by CPLR 2214 (c).
Score: 420 January 7, 2019 2018-015-102 : RODRIGUEZ v. STATE OF NEW YORK, # 2018-015-102, Claim No. 129411, Motion No. M-93015 M-93015
Pro se inmate's motion to compel discovery and impose sanctions was denied. Although defendant failed to meet its burden of establishing that certain prison Directives were privileged, claimant failed to establish the relevance of the requested documents. Defendant adequately responded to the remaining requests for documents.
Score: 236 January 7, 2019 2017-015-105 : RODRIGUEZ v. STATE OF NEW YORK, # 2017-015-105, Claim No. 129411, Motion No. M-93023 M-93023
Claimant's motion to strike defenses was denied as his affidavit of service failed to indicate that the motion was served on the defense counsel.
Score: 570 January 4, 2019 2018-054-118 : HEH v. THE STATE OF NEW YORK, # 2018-054-118, Claim No. 132132, Motion No. M-93145 M-93145
State's motion to dismiss granted, claim served by regular mail and not certified mail, return receipt requested.
Score: 722 January 3, 2019 2019-018-002 : Davila v. STATE OF NEW YORK, # 2019-018-002, Claim No. 119620, Motion No. M-92759 M-92759
Claimant brought a motion to recalculate post judgment interest. Claimant failed to provide a valid satisfaction of judgment within 30 days of mailing, therefore, the Office of the Comptroller was authorized to withhold interest pursuant to CCA § 20 (7) (b).
Score: 299 January 3, 2019 2018-050-069 : L.R. v. THE STATE OF NEW YORK, # 2018-050-069, Claim No. 132224, Motion No. M-93163 M-93163
Claimant's motion to proceed as a poor person and for the appointment of counsel is denied.
Score: 696 January 2, 2019 2019-038-501 : JOHNSON v. THE STATE OF NEW YORK, # 2019-038-501, Claim No. 118081, Motion No. M-92071, Cross-Motion No. CM-92749 M-92071
Defendant's motion seeking dismissal of causes of action alleging violations of DOCCS food service guidelines and grievance determination granted due to lack of subject matter jurisdiction to renew administrative determinations. Cause of action sounding in negligent supervision of employees did not allege that employees were acting outside the scope of employment or that defendant's employer knew that they might do so, and was dismissed for failure to state a cause of action.
Score: 347 January 2, 2019 2018-038-599 : P.T. v. STATE OF NEW YORK, # 2018-038-599, Claim No. 129992, Motion No. M-93098 M-93098
Claimant's motion to compel defendant to provide retired employee's home address for service of subpoena to appear for EBT granted. Employee was alleged primary tortfeasor and his testimony is material and necessary to prosecution of claim. Defendant could not compel former employee to attend, and efforts to obtain his voluntary cooperation were unsuccessful.
Score: 737 January 2, 2019 2018-054-111 : PACHO v. THE STATE OF NEW YORK, THE NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, and JOHN DOE, name being fictitious as true identity unknown at this time, # 2018-054-111, Claim No. NONE, Motion No. M-92874 M-92874
movant's application for leave to serve and file a late claim, claim shows an appearance of merit, negligent supervision of state employee.
Score: 570 January 2, 2019 2019-015-100 : YEFIMOVA v. THE STATE OF NEW YORK, # 2019-015-100, Claim No. 131947, 131948, Motion Nos. M-92908, M-92909 M-92908, M-92909
Two claims were dismissed for failing to meet the pleading requirements of Court of Claims Act § 11 (b) and for failure to state a cause of action.
Score: 236 January 2, 2019 2018-150-186 : GREEN v. STATE OF NEW YORK, # 2018-150-186, Claim No. 128214, Motion No. M-92826 M-92826
Pro se inmate's second motion for summary judgment alleging medical negligence or medical malpractice was denied as claimant offered no newly discovered evidence or sufficient cause for granting the motion. In any event, claimant failed to establish either negligence or causation.
Score: 637 December 31, 2018 2018-032-094 : BENNETT v. THE STATE OF NEW YORK, # 2018-032-094, Claim No. None, Motion No. M-92731 M-92731
Movant's motion for permission to file a late claim is granted.
Score: 648 December 31, 2018 2018-032-095 : ASHLEY v. THE STATE OF NEW YORK, # 2018-032-095, Claim No. 128566, Motion No. M-92696, Cross-Motion No. CM-92886 M-92696
Claimant's motion to compel the production of documents is granted. Defendant's cross motion to dismiss the claim is granted in part and denied in part.
Score: 236 December 28, 2018 2018-015-188 : FRANCE v. THE STATE OF NEW YORK, # 2018-015-188, Claim No. 124991, Motion No. M-93024 M-93024
Pro se inmate's motion for summary judgment in medical malpractice case was denied.
Score: 670 December 28, 2018 2018-032-093 : RAMOS v. THE STATE OF NEW YORK, # 2018-032-093, Claim No. None, Motion No. M-92640 M-92640
Movant's motion for late claim relief is denied.