New York State Court of Claims

New York State Court of Claims

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Score: 570 September 10, 2021 2021-059-049 : JOHNSON v. THE STATE OF NEW YORK, # 2021-059-049, Claim No. 135978, Motion No. M-96683 M-96683
Score: 637 September 10, 2021 2021-059-050 : GIORDANO v. THE STATE OF NEW YORK, # 2021-059-050, Claim No. 134982, Motion No. M-96740 M-96740
Score: 648 September 9, 2021 2021-058-032 : POWELL v. STATE OF NEW YORK, # 2021-058-032, Claim No. NONE, Motion No. M-96930 M-96930
Motion seeking permission to serve and file a late claim for wrongful confinement denied.
Score: 498 September 7, 2021 2021-040-043 : SEIFELNASR v. THE STATE OF NEW YORK, # 2021-040-043, Claim No. 136273, Motion No. M-96924 M-96924
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 648 September 7, 2021 2021-040-045 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2021-040-045, Claim No. 132831, Motion No. M-96956 M-96956
Pro se Claimant's Motion for Reargument/Renewal denied.
Score: 626 September 7, 2021 2021-040-044 : SCHMIDT v. STATE OF NEW YORK; P. DAVID SOARES, ALBANY COUNTY DISTRICT ATTORNEY, # 2021-040-044, Claim No. NONE, Motion No. M-97026 M-97026
Motion for permission to serve and file a Claim late pursuant to CCA § 10(6) denied as Court lacks jurisdiction over Albany County DA.
Score: 600 September 7, 2021 2021-040-042 : BELLOISI v. THE STATE OF NEW YORK, # 2021-040-042, Claim No. 133887, Motion No. M-96676 M-96676
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 585 September 3, 2021 2021-058-039 : HARRIENGER v. STATE OF NEW YORK, # 2021-058-039, Claim No. 127859 
After trial, Defendant found 100% liable for the death of a patient at St. Lawrence Psychiatric Center. Defendant failed to protect the patient from a reasonably foreseeable assault perpetrated by another patient at the facility.
Score: 722 September 2, 2021 2021-053-543 : NASH v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-543, Claim No. 130860, Motion No. M-97089 M-97089
Defendant's order to show cause seeking a stay of the claim and the scheduled liability trial due to the death of the claimant's husband is denied. Pursuant to CPLR 1015, the death of the claimant's husband, whose claim is solely derivative, does not affect merits of pending claim because of the clear identity of interest. Defendant's alternative relief seeking brief extension to move for summary judgment is granted.
Score: 585 August 31, 2021 2021-040-041 : P.T. v. THE STATE OF NEW YORK, # 2021-040-041, Claim No. 132056, Motion No. M-96953 M-96953
State's Motion to dismiss for lack of jurisdiction granted as Claimant served the Claim by regular mail and not personally or by certified mail, return receipt requested as required by CCA § 11(a).
Score: 299 August 30, 2021 2021-015-083 : SHARIFIPOUR v. STATE OF NEW YORK, # 2021-015-083, Claim No. 136347, Motion No. M-97039 M-97039
Pro se claimant's motion for entry of a default judgment was denied.
Score: 420 August 26, 2021 2021-053-540 : HANNA v. ROSWELL PARK CANCER INSTITUTE CORPORATION, # 2021-053-540, Claim No. 129312, Motion No. M-97006 M-97006
Roswell Park's motion to modify and limit a subpoena on a private investigator who performed surveillance on claimant is granted to the extent that they are not required to produce records of any billing and payment information. Claimant failed to meet her burden to show a substantial need or that undue hardship would ensue as required by CPLR 3101 (d) (2).
Score: 600 August 25, 2021 2021-040-040 : HERBERT v. STATE OF NEW YORK, # 2021-040-040, Claim No. 129950, Motion No. M-96784, Cross-Motion No. CM-96826 M-96784
Pro se Claimant's Motion to compel discovery denied. State's Motion to dismiss for lack of jurisdiction granted because Claimant served the Claim by regular mail and not personally or by certified mail, return receipt requested, as required by CCA § 11(a).
Score: 570 August 24, 2021 2021-051-025 : BELL v. STATE OF NEW YORK, # 2021-051-025, Claim No. 134134, Motion No. M-96839 M-96839
Defendant's post answer motion to dismiss pro se claimant's claim in its entirety is granted on the ground that the Court lacks subject matter jurisdiction over the claim pursuant to Court of Claims Act §§ 10 (3), 10 (3-b), and 11 because it was served by regular mail.
Score: 626 August 23, 2021 2021-038-551 : BERRY v. THE STATE OF NEW YORK, # 2021-038-551, Claim No. 128629, Motion No. M-96734 M-96734
Claimant's motion to compel disclosure of correction officer's disciplinary file granted. File is relevant to the prosecution of this claim insofar as it contains information that could be used for impeachment purposes at trial.
Score: 585 August 23, 2021 2021-038-550 : DAVIS v. THE STATE OF NEW YORK, # 2021-038-550, Claim No. None, Motion No. M-96932 M-96932
Motion for late claim relief denied. Claimant failed to present a reasonable excuse for the delay in filing the claim and conceded that he has another available remedy, and the proposed claim lacks the appearance of merit.
Score: 537 August 19, 2021 2021-051-024 : LYNCH-MILLER v. STATE OF NEW YORK, # 2021-051-024, Claim No. 131983, Motion No. M-96724 M-96724
Score: 149 August 19, 2021 2021-015-084 : McDANIELS v. STATE OF NEW YORK, # 2021-015-084, Claim No. 134156, Motion No. M-96996 M-96996
Motion to compel responses to interrogatories was denied as moot.
Score: 475 August 19, 2021 2021-015-079 : CABALLERO v. THE STATE OF NEW YORK, # 2021-015-079, Claim No. 133224, Motion No. M-96942 M-96942
Pro se claimant's motion for the issuance of Judicial Subpoenas was granted in part.
Score: 678 August 18, 2021 2021-040-038 : ANDERSON v. THE STATE OF NEW YORK, # 2021-040-038, Claim No. 121833, Motion No. M-96745 M-96745
Claim dismissed for failure to prosecute pursuant to CCA § 15 & CPLR § 1021 as no representation of Claimant's Estate has been appointed and substituted to prosecute this action.
Score: 475 August 17, 2021 2021-040-037 : POZO v. THE STATE OF NEW YORK, # 2021-040-037, Claim No. 136035, Motion No. M-96792 M-96792
Court OSC vacated. Claim was served upon Defendant.
Score: 585 August 17, 2021 2021-041-044 : KWAW v. THE STATE OF NEW YORK, # 2021-041-044, Claim No. NONE, Motion No. M-96976 M-96976
Application to file late claim is granted where claim alleging that defendant's negligence in causing/permitting recurrent flooding of inmate's cell caused inmate to slip and fall resulting in serious injuries has appearance of merit and defendant had prompt notice of circumstances underlying claimant's accident and injuries.
Score: 299 August 16, 2021 2021-015-082 : THOMAS v. THE STATE OF NEW YORK, # 2021-015-082, Claim No. None, Motion No. M-97012 M-97012
Movant's motion for leave to serve and file a late claim was denied as he failed to address the statutory factors.
Score: 498 August 16, 2021 2021-015-081 : GRAHAM v. THE STATE OF NEW YORK, # 2021-015-081, Claim No. 135299, Motion No. M-96974 M-96974
Claim was dismissed for failure to serve it on the Office of the Attorney General.
Score: 236 August 16, 2021 2021-015-080 : MELTON v. THE STATE OF NEW YORK, # 2021-015-080, Claim No. 132067, Motion No. M-96969 M-96969
Defendant's motion for summary judgment dismissing the claim was granted as the claimant was unable to state what caused him to slip and even if it could be concluded that he slipped on ice, defendant demonstrated it had neither actual nor constructive notice of the danger.
Score: 678 August 16, 2021 2021-040-033 : AHLERS v. THE STATE OF NEW YORK, # 2021-040-033, Claim No. 122653-A 
Claim dismissed as pro se Claimant failed to appear at two conferences, pursuant to the Uniform Rules for th Court of Claims § 206.10(g).
Score: 600 August 16, 2021 2021-040-034 : BENNETT v. THE STATE OF NEW YORK, # 2021-040-034, Claim No. 135260, Motion No. M-96796 M-96796
Claim dismissed as Claimant served Claim by certified mail, not certified mail, return receipt requested, as required by CCA § 11.
Score: 518 August 16, 2021 2021-040-036 : MOON v. N.Y.S POLICE, TROOPER JOSHUA PORCELL, # 2021-040-036, Claim No. 135103, Motion No. M-96663 M-96663
Court OSC re: service. Claimant failed to establish that he served the Claim upon Defendant. Claim dismissed.
Score: 518 August 16, 2021 2021-040-035 : MANGIR v. THE STATE OF NEW YORK, # 2021-040-035, Claim No. 135897, Motion No. M-96791 M-96791
Court OSC re: service. Claimant failed to establish that she served Claim upon Defendant. Claim dismissed.
Score: 570 August 12, 2021 2021-053-539 : SCHUNK v. THE STATE OF NEW YORK, # 2021-053-539, Claim No. 135825, Motion Nos. M-96567 M-96757 M-96567 M-96757
A pro se incarcerated individual filed a claim and amended claim alleging that the actions of the Erie County District Attorney in unfairly prosecuting him caused him to plead guilty to kidnapping. The claim alleges wrongful imprisonment, defamation and violation of his constitutional rights. The State's pre-answer motion to dismiss the claim for lack of subject matter jurisdiction is granted as the District Attorney is a local officer and does not act as a State officer or employee.
Score: 299 August 12, 2021 2021-038-549 : WINDLEY v. THE STATE OF NEW YORK, # 2021-038-549, Claim No. 131082, Motion No. M-96842 M-96842
Claimant's motion for assignment of counsel denied. Notice of motion was not served on county attorney in the county where the action is triable, and claimant failed to demonstrate that he is facing a prospective loss of liberty, grievous forfeiture, or other compelling circumstances warranting assignment of counsel.
Score: 600 August 10, 2021 2021-058-033 : DOE v. STATE OF NEW YORK(1) , # 2021-058-033, Claim No. 135200, Motion No. M-96939 M-96939
Motion for so-ordered subpoenas duces tecum denied; Notice provided to nonparty was facially deficient; notwithstanding facial deficiency of the notice, the documents requested were either previously provided by the nonparty or not relevant to the prosecution of this Claim.
Score: 236 August 9, 2021 2021-015-078 : MYERS v. THE STATE OF NEW YORK, # 2021-015-078, Claim No. 135342, Motion No. M-96857 M-96857
Defendant's motion to strike the note of issue was denied as defendant failed to support its motion with a copy of its discovery demand it contended remained outstanding and, in any event, the demand was served after the note of issue and certificate of readiness were filed.
Score: 518 August 9, 2021 2021-038-548 : WELLS v. THE STATE OF NEW YORK, # 2021-038-548, Claim No. 135521, Motion No. M-96811 M-96811
Defendant's motion to dismiss the claim for failure to state a cause of action granted. The allegedly wrongful pre-hearing confinement was authorized under DOCCS regulations and did not constitute ministerial negligence, and the remedy of state constitutional tort was not available because claimant had other avenues to vindicate the alleged constitutional violations.
Score: 299 August 5, 2021 2021-015-077 : MATHEWS v. THE STATE OF NEW YORK, # 2021-015-077, Claim No. 134190, Motion No. M-96869 M-96869
Defendant failed to meet its burden of proof on its motion for summary judgment as it could not be discerned from the photographs alone that the defect was a trivial one. Nor did defendant establish that it did not have either actual or constructive notice of the defect and, in any event, claimant raised a question of fact in opposition to the motion regarding whether or not defendant had actual notice of a recurring condition.
Score: 600 August 3, 2021 2021-054-035 : AUSTIN v. THE STATE OF NEW YORK, # 2021-054-035, Claim No. NONE, Motion No. M-96588 M-96588
Work injury at facility; incarcerated person granted late claim relief.
Score: 737 August 3, 2021 2021-015-072 : PION v. STATE OF NEW YORK, # 2021-015-072, Claim No. 132913, Motion No. M-96693 M-96693
Although the alleged theft of funds by the NYS Police during the course of executing a search warrant could be the basis for a conversion claim, it could not be concluded that the officers were acting within the scope of their employment. Moreover, the cause of action for negligent hiring and training was untimely thereby requiring dismissal.
Score: 613 August 2, 2021 2021-053-538 : R.S. v. THE STATE OF NEW YORK, # 2021-053-538, Claim No. NONE, Motion No. M-96275 M-96275
A pro se inmate's motion for permission to late file a claim for sexual assault is denied without prejudice. Movant failed to include the proposed claim or address the factors enumerated in Court of Claims Act 10 (6).
Score: 737 August 2, 2021 2021-038-547 : BEST v. THE STATE OF NEW YORK, # 2021-038-547, Claim No. 134651, Motion No. M-96884 M-96884
Claimant's motion to renew/reargue denied. Claimant failed to demonstrate that the Court overlooked or misapprehended any matter of fact or law, or any new facts or change in the law, with respect to the Court's previous Decision and Order granting defendant's cross motion to dismiss the claim.
Score: 420 July 29, 2021 2021-041-043 : WARREN v. THE STATE OF NEW YORK, # 2021-041-043, Claim No. 135887, Motion No. M-96777 M-96777
Inmate wrongful confinement claim is dismissed for failure to state a cause of action and based upon defendant's absolute immunity where claim fails to allege that defendant violated a disciplinary hearing rule or regulation in conducting disciplinary hearing which resulted in administratively reversed disciplinary determination.
Score: 770 July 29, 2021 2021-040-032 : KESICK v. THE STATE OF NEW YORK, # 2021-040-032, Claim No. 128633 
Claim dismissed, as pro se Claimant failed to appear at two conferences, pursuant to the Uniform Rules for the Court of Claims § 206.10(g).
Score: 687 July 28, 2021 2021-051-022 : EGNASKO v. STATE OF NEW YORK , # 2021-051-022, Claim No. 129271, Motion No. M-96754 M-96754
The defendant's unopposed motion for an order of preclusion, striking the medical negligence claim, and granting summary judgment granted.
Score: 236 July 28, 2021 2021-015-076 : WELCH v. STATE OF NEW YORK, # 2021-015-076, Claim No. 133976, Motion No. M-96925 M-96925
Score: 696 July 27, 2021 2021-040-031 : QUINONES v. THE STATE OF NEW YORK, # 2021-040-031, Claim No. 129683 
Claim dismissed, as Pro se Claimant failed to respond to correspondence from the Court and failed to appear at a conference, pursuant to the Uniform Rules of the Court of Claims § 206.10(g).
Score: 798 July 26, 2021 2021-040-030 : PITTMAN v. THE STATE OF NEW YORK, # 2021-040-030, Claim No. 124210, Motion No. M-96353 M-96353
State Motion for Summary Judgment seeking dismissal of the Claim for lack of subject matter jurisdiction on the basis that the Claim is untimely and fails to state a cause of action denied.
Score: 475 July 23, 2021 2021-040-029 : TOTALKARE v. STATE OF NEW YORK, # 2021-040-029, Claim No. 135552, Motion No. M-96675 M-96675
Court OSC vacated. Claim was served upon Defendant.
Score: 648 July 23, 2021 2021-053-536 : ROUNDTREE v. THE STATE OF NEW YORK, # 2021-053-536, Claim No. 134004, Motion No. M-96650 M-96650
Pro se inmate's motion for a default judgment is denied. Claimant failed to meet his burden to demonstrate when the claim was served. Claimant's additional grounds for default are also denied.
Score: 475 July 23, 2021 2021-040-028 : DESANCTIS v. STATE OF NEW YORK, # 2021-040-028, Claim No. 135838, Motion No. M-96664 M-96664
Court OSC vacated. Claim was served upon Defendant.
Score: 420 July 23, 2021 2021-038-546 : ALSTON v. THE STATE OF NEW YORK, # 2021-038-546, Claim No. None, Motion No. M-96721 M-96721
Motion for permission to file a late claim denied. Late claim relief is not available for lost property claims.
Score: 659 July 22, 2021 2021-041-042 : HEDRICH v. THE STATE OF NEW YORK, # 2021-041-042, Claim No. 136288, Motion No. M-96852 M-96852
Defendant's motion to dismiss negligence claim in lieu of answer, pursuant to CPLR 3211 (a) (7) and the Court of Claims Act, on the ground that the Court lacks jurisdiction over the claim because the claim fails to state a cause of action, is granted.