New York State Court of Claims

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	June 27, 2018	2018-032-012 : WILSON v. THE STATE OF NEW YORK, # 2018-032-012, Claim No. 127966  Claimant, an inmate proceeding pro se, brings the instant claim alleging unsafe working conditions at Five Points Correctional Facility. Following a trial, the Court dismisses the claim. Defendant had no duty to instruct or train claimant on how to remove bags of food from kettles.
	June 25, 2018	2018-032-036 : MERCER v. CITY OF KINGSTON POLICE DEPARTMENT, OFFICERS B. LOWE AND HOTALING AND THE STATE OF NEW YORK, # 2018-032-036, Claim No. 124574, Motion Nos. M-91627, M-92301 M-91627, M-92301 Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over officers of the Kingston Police Department, and the claim fails to allege any wrongdoing by the State of New York.
	June 21, 2018	2018-054-064 : BROWN v. THE STATE OF NEW YORK, # 2018-054-064, Claim No. 122129, Motion No. M-92286 M-92286 Motion for summary judgment denied-issues of material fact.
	June 21, 2018	2018-054-063 : LEGRAND v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, # 2018-054-063, Claim No. 126879, Motion No. M-92126, Cross-Motion No. CM-92336 M-92126 defendant's motion to dismiss granted-untimely filed and served and claimant's late claim application denied.-statute of limitations lapsed.
	June 20, 2018	2018-054-065 : WORD v. THE STATE OF NEW YORK, # 2018-054-065, Claim No. 131356, Motion No. M-92329 M-92329 Defendant's motion to dismiss granted-untimely service and failure to state a cause of action,
	June 20, 2018	2018-054-062 : COSME v. THE STATE OF NEW YORK, # 2018-054-062, Claim No. 127580, Motion No. M-92318 M-92318 Motion to dismiss granted-service on defendant by regular mail.
	June 20, 2018	2018-054-061 : MONTERO v. THE STATE OF NEW YORK, GREENE CORRECTIONAL FACILITY, # 2018-054-061, Claim No. 129482, Motion No. M-92325 M-92325 Defendant's motion to dismiss granted-service of notice of intention cannot be used to extend time to file or serve a claim.
	June 20, 2018	2018-015-134 : FERNANDEZ v. THE STATE OF NEW YORK, # 2018-015-134, Claim No. 124719, Motion No. M-92010 M-92010 Motion to vacate default in appearing for trial was denied. Claimant's action sounded in medical malpractice for which a affidavit from a medical expert to establish the potential merit of the claim was required.
	June 20, 2018	2018-041-045 : POULOS v. THE STATE OF NEW YORK, # 2018-041-045, Claim No. 128764, Motion No. M-91370, Cross-Motion No. CM-92105 M-91370 Claimant's cross-motion for permission to serve and file second amended claim is granted where defendant would not be surprised or prejudiced and where second amended claim is not shown to be without merit; defendant's motion to dismiss the claim and amended claim is denied as moot.
	June 20, 2018	2018-054-066 : DOVE v. THE STATE OF NEW YORK, # 2018-054-066, Claim No. 126799, Motion Nos. M-92133, M-92200 M-92133, M-92200 Motion to dismiss granted-claim not sent by certified mail.
	June 14, 2018	2018-054-060 : CURRY v. THE STATE OF NEW YORK, # 2018-054-060, Claim No. 124935  Wrongful confinement claim denied-items not specified which were taken possession of, no proof of value.
	June 14, 2018	2018-015-131 : RUCANO v. STATE OF NEW YORK, # 2018-015-131, Claim No. 128141, Motion No. M-91828 M-91828 Pro se inmate's motion to amend his claim was denied.
	June 13, 2018	2018-053-532 : ARLOTTA v. STATE OF NEW YORK, # 2018-053-532, Claim No. NONE, Motion No. M-91553 M-91553 Claimant's motion for permission to file a late claim is denied. Claimant failed to establish that any of the factors set forth in Court of Claims Act Section 10 (6) weigh in favor of late claim relief.
	June 13, 2018	2018-038-108 : VALENTIN v. THE STATE OF NEW YORK(2) , # 2018-038-108, Claim No. 127111  If it was found after trial that correction officers assaulted claimant without provocation or need to maintain institutional order, proof did not demonstrate that they were acting within the scope of their employment, and thus, defendant was not liable to claimant under the doctrine of respondent superior.
	June 11, 2018	2018-040-055 : COOKE v. THE STATE OF NEW YORK, # 2018-040-055, Claim No. 127563, Motion No. M-91283, Cross-Motion No. CM-91501 M-91283 State's Motion: (1) to Dismiss based upon non-verification of Notice of Intent denied as State did not properly reject document; (2) for Summary Judgment denied as Court finds issues of fact exist.
	June 8, 2018	2018-053-529 : HOMESTEAD v. NEW YORK STATE INSURANCE FUND, # 2018-053-529, Claim No. 122681, Motion No. M-91759, Cross-Motion No. CM-92125 M-91759 Claimant's motion for summary judgment denied and the New York State Insurance Fund's cross-motion for summary judgment is granted dismissing a claim to recover workers compensation insurance premiums charged for outside labor and subcontractors added to claimant's payroll following an audit.  The Court finds subject matter jurisdiction exists in the Court of Claims pursuant to Court of Claims Act Section 9 (2) for a breach of contract claim for recoupment of premiums paid.  The Court also finds that Article 25-b of Labor Law Section 861 applies and that claimant meets the definition of a contractor, that the work performed meets the definition of construction, and that no issue of fact exists that any individual retained by claimant is exempt from workers compensation insurance coverage.
	June 7, 2018	2018-029-062 : PORTILLO v. THE STATE OF NEW YORK, # 2018-029-062, Claim No. 125950  The claim for negligence arose from a February 23, 2015 accident on Route 9W in Haverstraw. Claimant's automobile struck a plow affixed to the front of a state-owned truck heading in the opposite direction. After a bifurcated trial on liability only, the court credited testimony by the truck driver that claimant's north-bound automobile had crossed the double yellow line on Route 9W and struck the plow in the southbound lane. The court found the State not liable for negligence and dismissed the claim.
	June 7, 2018	2018-041-503 : MANOLEFF v. THE STATE OF NEW YORK, THE NEW YORK STATE THRUWAY AUTHORITY and THE NEW YORK STATE CANAL CORPORATION, # 2018-041-503, Claim No. 127346  Claim alleging that claimants were each injured upon landing on an object in the Hudson River after swinging from a rope swing attached to a tree located on property owned by the United States is dismissed where claimants were owed no actionable negligence duty of care by the State of New York and, even assuming that such a duty was owed, failed to prove the existence of a dangerous condition, that any such condition caused claimants' injuries and that the State of New York had either actual or constructive notice of any such condition.
	June 6, 2018	2018-054-059 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2018-054-059, Claim No. 126688  Inmate slip and fall, no evidence defendant had notice of a dangerous condition.
	June 5, 2018	2018-054-057 : FUNCHES v. THE STATE OF NEW YORK, # 2018-054-057, Claim No. 126639  Inmate bailment claim dismissed, no proof of ownership or value presented.
	June 1, 2018	2018-045-019 : ELLEBY v. THE STATE OF NEW YORK, # 2018-045-019, Claim No. 130715, Motion No. M-91709 M-91709 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).
	May 30, 2018	2018-034-543 : FLEMING v. THE STATE OF NEW YORK, # 2018-034-543, Claim No. 125613, Motion No. M-92148 M-92148 Derivative claim of ex-wife of allegedly wrongfully convicted man who filed separate § 8-b claim dismissed for failure to state a cause of action.
	May 30, 2018	2018-041-041 : ARCHER v. THE STATE OF NEW YORK, # 2018-041-041, Claim No. 131056, Motion No. M-92053 M-92053 Defendant's motion to dismiss claim alleging, among other intentional acts, that correction officers assaulted claimant is granted where claim was not served within time limitations period set forth in Court of Claims Act 10 (3-b).
	May 29, 2018	2018-053-006 : YORKE v. STATE OF NEW YORK, # 2018-053-006, Claim No. 126189  After a bifurcated trial on the issue of liability in a claim arising from a motor vehicle accident, the State was determined to be negligent.  The State was found to be 100% liable with no comparative negligence assessed to claimant as a factual determination was made that she had the right of way and only seconds to react to the State vehicle entering the roadway.
	May 25, 2018	2018-038-549 : SCOTT v. THE STATE OF NEW YORK, # 2018-038-549, Claim No. 130711, Motion No. M-91768 M-91768 Claimant's motion to dismiss affirmative defense(s) granted in part. Affirmative defense of failure to comply with pleading requirements of Court of Claims Act § 11 (b) shown to be without merit as a matter of law.
	May 24, 2018	2018-038-547 : SHEARD v. STATE OF NEW YORK, # 2018-038-547, Claim No. 130515, Motion No. M-91754 M-91754 Defendant's motion to dismiss for improper manner of service granted. Claimant did not demonstrate that he was entitled to an advance for CMRRR service of the claim upon the Attorney General, nor did he demonstrate any malfeasance by defendant's agents warranting an estoppel.
	May 24, 2018	2018-038-548 : JONES v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION and THE STATE OF NEW YORK, # 2018-038-548, Claim No. 129890, Motion No. M-91890 M-91890 Defendant's motion to dismiss the claim for non-compliance with the pleading requirements of Court of Claims Act. § 11 (b) granted. Claim was devoid of factual allegations as to the nature of the claim against the State of New York.
	May 24, 2018	2018-040-054 : GONZALEZ v. STATE OF NEW YORK, # 2018-040-054, Claim No. 127820, Motion No. M-91903 M-91903 State's Motion to Dismiss denied. Unverified Notice of Intent properly rejected but defect not raised as defense in pre-Answer Motion or in Answer. Therefore, the defense is waived.
	May 23, 2018	2018-040-053 : FAIR v. THE STATE OF NEW YORK, THE NEW YORK STATE OFFICE OF MENTAL HYGIENE, AND THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, # 2018-040-053, Claim No. 131016, Motion No. M-92012 M-92012 Pre-Answer Motion to Dismiss on the basis of lack of subject matter jurisdiction granted. Claimant asserts he is seeking equitable relief, and Court of Claims has no jurisdiction to grant such relief.
	May 23, 2018	2018-040-052 : SORIN v. THE STATE OF NEW YORK, # 2018-040-052, Claim No. 129501, Motion No. M-91939 M-91939 Claimant's motion to file a claim late pursuant to CCA § 10(6) denied as statute of limitations expired. Motion to strike four affirmative defenses also denied.
	May 23, 2018	2018-054-056 : STEWART v. THE STATE OF NEW YORK, # 2018-054-056, Claim No. 127258, Motion No. M-92052 M-92052 Late claim application denied-no proposed claim with motion papers, statute of limitations lapsed on medical malpractice claim.
	May 23, 2018	2018-054-055 : BELL v. THE STATE OF NEW YORK, # 2018-054-055, Claim No. 130640, Motion No. M-92062 M-92062 Unverified claim dismissed
	May 23, 2018	2018-054-054 : ROWE v. CITY UNIVERSITY OF NEW YORK, # 2018-054-054, Claim No. 131113, Motion No. M-92123 M-92123 claim dismissed for failure to serve CUNY and A.G.
	May 23, 2018	2018-041-038 : HOLMES v. THE STATE OF NEW YORK, # 2018-041-038, Claim No. 130382, Motion No. M-92078 M-92078 Claimant's motion to extend his time to file a notice of appeal is denied.
	May 22, 2018	2018-040-050 : PERRY v. THE STATE OF NEW YORK, # 2018-040-050, Claim No. 130960, Motion No. M-91918 M-91918 State's Motion to Dismiss Claim on basis that Notice of Intention was improperly served upon Defendant in violation of CCA and did not extend Claimant's time to serve and file the Claim granted.
	May 22, 2018	2018-054-053 : TORRES v. THE STATE OF NEW YORK, # 2018-054-053, Claim No. 126160, Motion No. M-92042 M-92042 Claim dismissed, not timely served on defendant.
	May 22, 2018	2018-054-051 : YEFIMOVA v. TRUSTCO BANK, JONATHAN B. NELSON, ADDRESS: 555 THEODORE FREMD AV. RYE, NEW YORK 10580, # 2018-054-051, Claim No. 131091, Motion No. M-92147 M-92147 Claim fails to comply with Court of Claims Act § 11 (b), not specific enough.
	May 22, 2018	2018-054-050 : WATERS v. THE STATE OF NEW YORK, # 2018-054-050, Claim No. 124487, Motion No. M-92021 M-92021 Inmate's appeal request for transcript denied.
	May 22, 2018	2018-040-051 : LA PRADE v. STATE OF NEW YORK, # 2018-040-051, Claim No. 128536, Motion No. M-91927 M-91927 State's Motion to Dismiss Claim on basis that Notice of Intention was improperly served upon Defendant in violation of CCA and did not extend Claimants' time to serve and file the Claim granted.
	May 22, 2018	2018-054-049 : THOMAS v. THE STATE OF NEW YORK, ET AL., # 2018-054-049, Claim No. 129206, Motion No. M-91919 M-91919 Claim dismissed, notice of intention untimely.
	May 22, 2018	2018-051-010 : JOHNSON v. STATE OF NEW YORK, # 2018-051-010, Claim No. 105034 (1), Motion No. M-90699 M-90699 Upon defendant's extensive motion for sanctions, the Court issued a final Order providing for future sanctions if claimant fails to present proof at trial or respond to motions.
	May 22, 2018	2018-040-049 : FARIERA v. THE STATE OF NEW YORK, # 2018-040-049, Claim No. 128437, Motion No. M-91679, Cross-Motion No. CM-91761 M-91679 State's Motion to Dismiss Claim as improperly served upon Defendant denied. Cross-motion to deem Notice of Intent a Claim denied as moot.
	May 22, 2018	2018-054-052 : DANIELS v. NEW YORK STATE COUNTY AND WESTCHESTER COUNTY, # 2018-054-052, Claim No. 131020, Motion No. M-92188 M-92188 Claim dismissed, no jurisdiction over the County of Westchester.
	May 21, 2018	2018-054-017 : THOMAS v. THE STATE OF NEW YORK, # 2018-054-017, Claim No. 125985  Inmate hit by softball, no proof of negligence.
	May 21, 2018	2018-040-048 : WRIGHT v. THE STATE OF NEW YORK, # 2018-040-048, Claim No. 128195  Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant is liable in connection with his Claim.
	May 21, 2018	2018-041-037 : DENSLOW v. THE STATE OF NEW YORK, # 2018-041-037, Claim No. 130885, Motion No. M-92069 M-92069 Claimant's motion for an order compelling discovery is denied where claimant failed to first seek disclosure by notice or stipulation as set forth in CPLR 3102.
	May 21, 2018	2018-054-048 : VILLEGAS v. THE STATE OF NEW YORK, # 2018-054-048, Claim No. 130035, Motion No. M-91758 M-91758 Claimant's motion to deem Notice of Intention a claim granted,-although service on defendant not timely, Notice of Intention is factually specific.
	May 21, 2018	2018-054-014 : 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, # 2018-054-014, Claim No. 120281, Motion Nos. M-91707, CM-91809 M-91707, CM-91809 Motion for reargument and renewal denied-no new facts presented.
	May 18, 2018	2018-015-127 : MONROE v. STATE OF NEW YORK, # 2018-015-127, Claim No. 130126, Motion No. M-91891 M-91891 Claim was dismissed for lack of service.
	May 18, 2018	2018-053-526 : BOJARSKI v. STATE OF NEW YORK, # 2018-053-526, Claim No. 130252, Motion No. M-91677 M-91677 The State brings a pre-answer motion to dismiss for failure to state a cause of action pursuant to CPLR 3211 (a) (7). Claimant, a nurse practitioner, alleges in the claim that she was struck by a resident of a group home while providing medical care. Accepting claimant's allegations as true for purposes of this motion, the Court cannot conclude that the claim fails to state a cause of action and the motion is denied.