New York State Court of Claims

New York State Court of Claims

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Score: 347 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.
Score: 299 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.
Score: 555 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.
Score: 420 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.
Score: 537 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.
Score: 678 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.
Score: 420 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.
Score: 613 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.
Score: 449 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.
Score: 498 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.
Score: 570 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.
Score: 388 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.
Score: 299 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.
Score: 498 March 25, 2019 2019-040-025 : INGRAM v. THE STATE OF NEW YORK, # 2019-040-025, Claim No. 131596, Motion No. M-93247 M-93247
Court OSC re: service. Defendant established Claim was not served upon Defendant as required by CCA. Claim dismissed.
Score: 659 March 25, 2019 2019-029-022 : BOLTON v. THE STATE OF NEW YORK, # 2019-029-022, Claim No. 124049 
Claimant was attacked by another inmate in a SHU yard at Green Haven before a correction officer could remove claimant's handcuffs through a hatch in the door, and correction officers waited to respond until a response team arrived. Green Haven's security protocol was to leave inmates handcuffed in the yard until the door was secured, and then for a correction officer to remove the handcuffs through a hatch in the door. After a trial on liability, the court found the state not liable for negligence and negligent supervision and dismissed the claim.
Score: 498 March 25, 2019 2019-015-128 : VASQUEZ v. STATE OF NEW YORK, # 2019-015-128, Claim No. 126598-A, Motion No. M-93539 M-93539
Defendant's dismissal motion was granted for lack of service of the claim.
Score: 600 March 25, 2019 2019-045-010 : GERVASIO v. THE STATE OF NEW YORK, # 2019-045-010, Claim No. 131939, Motion No. M-92936 M-92936
Defendant's motion to dismiss pro se inmate's claim due to lack of verification, regular mail, cause of action is for interference with religious diet which must be pursued via Art 78 as set out in Corrections Law § 610.
Score: 613 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.
Score: 713 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.
Score: 518 March 25, 2019 2019-040-024 : MOSTOVOI v. THE STATE OF NEW YORK, # 2019-040-024, Claim No. 132149, Motion No. M-93191 M-93191
State's pre-Answer Motion to Dismiss pro se Claim for lack of subject matter jurisdiction and failure to state a cause of action granted.
Score: 498 March 22, 2019 2019-015-131 : GAMBLE v. STATE OF NEW YORK, # 2019-015-131, Claim No. 127616, Motion No. M-93548 M-93548
Claim was dismissed as untimely under both Court of Claims Act § 10 (3) and § 10 (3-b). Even if the notice of intention was timely and properly served, the claim was not served within one year of accrual for the intentional tort cause of action or within two years of accrual for the unintentional tort cause of action.
Score: 498 March 22, 2019 2019-015-123 : HICKS v. THE STATE OF NEW YORK, # 2019-015-123, Claim No. 127485, 129244 
Claimant was arrested following a traffic stop for a violation of the Vehicle and Traffic Law and alleged that the search and seizure that followed were unconstitutional and that the dismissal of the criminal charges gave rise to a cause of action for malicious prosecution. Claimant failed to establish his causes if action for constitutional tort and malicious prosecution by a preponderance of the credible evidence adduced at trial.
Score: 537 March 22, 2019 2019-015-130 : BOYD v. THE STATE OF NEW YORK, # 2019-015-130, Claim No. 125323, Motion No. M-93542 M-93542
Defendant's dismissal motion was granted for lack of service of the claim.
Score: 347 March 22, 2019 2019-015-127 : FALLS v. THE STATE OF NEW YORK, # 2019-015-127, Claim No. 131966, Motion No. M-93536 M-93536
Claim was dismissed as untimely inasmuch as the notice of intention to file a claim was untimely and improperly served by regular first class mail rather than certified mail, return receipt requested.
Score: 518 March 22, 2019 2019-015-129 : SOTO v. STATE OF NEW YORK, # 2019-015-129, Claim No. 126248, Motion No. M-93538 M-93538
Defendant's dismissal motion was granted for lack of service of the claim.
Score: 678 March 21, 2019 2019-053-513 : SANCHEZ v. STATE OF NEW YORK, # 2019-053-513, Claim No. 130003, Motion No. M-93216 M-93216
The State's motion for summary judgment is granted as to claimant's remaining causes of action for negligence, negligent infliction of emotional harm and malicious prosecution. The underlying claim arose from claimant's arrest by the Buffalo Police Department following his refusal to adhere to the instructions of an Erie County Family Court Judge to voucher his mobile phone and other recording devices while before the court.
Score: 388 March 21, 2019 2019-041-013 : WRIGHT v. THE STATE OF NEW YORK, # 2019-041-013, Claim No. 131663, Motion No. M-93484 M-93484
Claimant's motion to renew prior motion pursuant to CPLR 2221 is denied.
Score: 420 March 20, 2019 2019-032-013 : MATTHEWS v. THE STATE OF NEW YORK, # 2019-032-013, Claim No. 127038, Motion No. M-92943 M-92943
Claimant's motion to consolidate two claims is denied as moot where second claim was dismissed after trial.
Score: 449 March 20, 2019 2019-032-012 : O'LEARY v. THE STATE OF NEW YORK, # 2019-032-012, Claim No. 129617, Motion No. M-92913 M-92913
Claim alleging false arrest, malicious prosecution, and negligence is dismissed. Claimant failed to state a cause of action as to false arrest and malicious prosecution as the Court of Claims lacks subject matter jurisdiction over the New York City Police Department. As to the claim for negligence performance of a ministerial function by the DMV, claimant failed to allege the existence of a special duty separate and apart from that owed to the public at large.
Score: 555 March 15, 2019 2019-032-010 : BOMBARD v. NEW YORK CITY, THE NEW YORK PORT AUTHORITY, THE NEW YORK CITY POLICE DEPARTMENT, JAMAICA HOSPITAL, JET BLUE TERMINAL 5, JET BLUE, JFK AIRPORT, TSA and , # 2019-032-010, Claim No. 131991, Motion Nos. M-92967, M-93108 M-92967, M-93108
The claim is dismissed for claimant's failure to allege any wrongdoing against the State of New York or its officers an employees. The Court lacks jurisdiction over all named defendants.
Score: 388 March 14, 2019 2019-053-512 : WOODY v. THE STATE OF NEW YORK, # 2019-053-512, Claim No. 131376, Motion No. M-93382 M-93382
Claimant's motion seeking permission to file an amended claim and a supplemental claim are denied without prejudice for failure to serve his motion papers upon the State in accordance with CPLR 2214 (b).  Even if properly served, claimant's motion would be denied as it failed to comply with CPLR 3025 (b).
Score: 449 March 14, 2019 2019-045-008 : JONES v. THE STATE OF NEW YORK, # 2019-045-008, Claim No. 129752, Motion No. M-91017 M-91017
Claimant, a college student at SUNY Stony Brook, dies at off-campus college frat party.
Score: 585 March 13, 2019 2019-041-012 : LASHER v. THE STATE OF NEW YORK, # 2019-041-012, Claim No. NONE, Motion No. M-93404 M-93404
Application to file late claim is granted where claim alleging that defendant failed to adequately maintain state highway has appearance of merit and defendant had notice of circumstances underlying claimant's accident and injuries.
Score: 555 March 13, 2019 2019-045-006 : GEICO v. THE STATE OF NEW YORK, # 2019-045-006, Claim No. 129964, Motion No. M-93143 M-93143
Defendant's motion to dismiss claim due to service by regular mail.
Score: 570 March 13, 2019 2019-045-007 : BELLARDINI v. THE STATE OF NEW YORK, # 2019-045-007, Claim No. None, Motion No. M-93028 M-93028
Claimant's motion for late claim relief. Claimant assaulted in Pilgrim Psychiatric Center. Claims for medical malpractice and negligent hiring etc. No medical affidavit. Motion denied.
Score: 518 March 13, 2019 2019-029-018 : LAZO v. NEW YORK STATE THRUWAY AUTHORITY, # 2019-029-018, Claim No. 129412, Motion Nos. M-93126, M-93127 M-93126, M-93127
Claimant was injured working as a carpenter on the new Tappan Zee Bridge when he fell approximately eight feet from a beam. His claim alleged common law negligence and violations of Labor Law §§ 200, 240 (1) and 241 (6). Both parties moved for summary judgment as to liability. Defendant's motion was granted in part and claimant's motion was denied. Trial to be scheduled on liability as to Labor §§ 240 (1) and 241 (6) (to the extent based on violation of 12 NYCRR 23-1.16 [b]).
Score: 555 March 12, 2019 2019-015-125 : FIELDSTON v. THE STATE OF NEW YORK, # 2019-015-125, Claim No. 132129, Motion No. M-93415 M-93415
In a breach of contract claim by the owner and operator of a nursing home arising from a Universal Settlement Agreement, the Court granted defendant's dismissal motion, finding that although the Court had jurisdiction over the claim, the claim was untimely and, in any event, documentary evidence refuted its essential allegations. Specifically, nothing in the Universal Settlement Agreement submitted by the defendant in support of its motion precluded the application of base-year costs, determined after the audit became final, to subsequent years.
Score: 555 March 12, 2019 2019-015-126 : BETHANY v. THE STATE OF NEW YORK, # 2019-015-126, Claim No. 132130, Motion No. M-93416 M-93416
In a breach of contract claim by the owner and operator of a nursing home arising from a Universal Settlement Agreement, the Court granted defendant's dismissal motion, finding that although the Court had jurisdiction over the claim, the claim was untimely and, in any event, documentary evidence refuted its essential allegations. Specifically, nothing in the Universal Settlement Agreement submitted by the defendant in support of its motion precluded the application of base-year costs, determined after the audit became final, to subsequent years.
Score: 585 March 7, 2019 2019-032-008 : DAVIS v. THE STATE OF NEW YORK, # 2019-032-008, Claim No. 131414, Motion No. M-92828 M-92828
The claim is dismissed as jurisdictionally defective for claimant's failure to both file and serve the claim within 90 days of the accrual of the claim.
Score: 518 March 5, 2019 2019-032-006 : ORTIZ v. THE STATE OF NEW YORK, # 2019-032-006, Claim No. 126710, Motion No. M-91420 M-91420
Defendant's motion for summary judgment is granted. Defendant made a prima facie showing that it did not create the dangerous condition and that it did not have actual or constructive notice of the dangerous condition and claimant failed to respond to the motion for summary judgment.
Score: 670 March 4, 2019 2019-053-510 : EASTON v. THE STATE OF NEW YORK, # 2019-053-510, Claim No. 131000, Motion No. M-92974 M-92974
Order to Show Cause filed by the Court sought statements from the parties as to service of the claim since no answer was filed. Claimant failed to submit evidence disputing defendant's assertion that the claim was not served or to establish service and the claim is dismissed. 
Score: 347 March 4, 2019 2019-038-508 : ANDERSON v. STATE OF NEW YORK, # 2019-038-508, Claim No. 130874, Motion No. M-93259 M-93259
Claimant's motion for assignment of counsel denied because it was not served upon the County Attorney. Moreover, defendant's denial of claimant's request a funeral visit does not demonstrate that he is facing a future loss of liberty or grievous forfeiture, and does not warrant the representation of counsel at public expense.
Score: 585 March 4, 2019 2019-040-022 : ROGERS v. THE STATE OF NEW YORK, # 2019-040-022, Claim No. NONE, Motion No. M-93219 M-93219
Motion to serve and file a Claim late pursuant to CCA § 10(6) denied as moot.
Score: 570 March 4, 2019 2019-015-124 : Title not available 
Petition for the distribution of funds deposited into an eminent domain account pursuant to EDPL § 304 and Court of Claims Act § 23 was granted.
Score: 347 March 4, 2019 2019-038-509 : SEGAR v. THE STATE OF NEW YORK, # 2019-038-509, Claim No. 132229, Motion No. M-93252 M-93252
Defendant's motion to dismiss for lack of jurisdiction granted. Claim filed and served 93 days after date of accrual.
Score: 518 March 1, 2019 2019-054-012 : MURRAY v. Mr. William Lee, Superintendent of Eastern NY Correctional Fac., # 2019-054-012, Claim No. 128909, Motion No. M-93480 M-93480
State's unopposed motion to dismiss granted, claim fails to name any proper party defendant in the caption, Court of Claims Act § 9.
Score: 388 February 28, 2019 2019-045-502 : BOYLAND v. THE STATE OF NEW YORK, # 2019-045-502, Claim No. 125162 
Trial decision. Claim of excessive force during an arrest.
Score: 537 February 27, 2019 2019-054-011 : RIVERA v. THE STATE OF NEW YORK, # 2019-054-011, Claim No. 127908, Motion No. M-93474 M-93474
Motion to dismiss granted, inmate property claim, administrative remedies not exhausted, Court of Claims Act § 10 (9), notice of intention not available in a lost property claim.
Score: 518 February 27, 2019 2019-032-004 : CENGIZ v. THE STATE OF NEW YORK, # 2019-032-004, Claim No. None, Motion No. M-92771 M-92771
Movant's motion for permission to file and serve a late claim is denied.
Score: 475 February 26, 2019 2019-032-003 : JACKSON v. THE STATE OF NEW YORK, # 2019-032-003, Claim No. 131595, Motion Nos. M-92616, M-92891 M-92616, M-92891
The claim is dismissed. Claimant is barred by the doctrine of res judicata from relitigating claims arising out of the same conduct that was the basis of a federal complaint that was dismissed on the merits, with prejudice.