New York State Court of Claims

New York State Court of Claims

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Score: 626 March 10, 2017 2017-032-011 : PURDIE v. THE STATE OF NEW YORK, # 2017-032-011, Claim No. 126555, Motion No. M-89186, Cross-Motion No. CM-89418 M-89186
The State's motion to dismiss is denied based upon claimant's service of a notice of intention apprising defendant of his cause of action.
Score: 299 March 3, 2017 2017-050-009 : YOUNG v. THE STATE OF NEW YORK, # 2017-050-009, Claim No. 123065, Motion No. M-89690 M-89690
Claimant's motion to strike defendant's answer and for an order of summary judgment is denied. The motion is defective pursuant to CPLR 3212(b), and does not establish a prima facie case of defendant's liability.
Score: 475 March 2, 2017 2017-040-032 : BROWN v. THE STATE OF NEW YORK, # 2017-040-032, Claim No. 120236, Motion Nos. M-89655, M-89656 M-89655, M-89656
Pro se Claimant's Motions for issuance of subpoenas to have an inmate and CO testify at Trial denied as proposed subpoenas not submitted.
Score: 744 March 1, 2017 2017-040-027 : ALPERT v. THE STATE OF NEW YORK, # 2017-040-027, Claim No. 128144, Motion No. M-89054, Cross-Motion No. CM-89383 M-89054
State's Motion to dismiss Claim on grounds Claim is not stated with particularity as required by CCA 11(b) granted. Cross-Motion to serve and file a Claim late pursuant to CCA 10(6) denied without prejudice.
Score: 648 March 1, 2017 2017-040-029 : COBB v. THE STATE OF NEW YORK, # 2017-040-029, Claim No. NONE, Motion No. M-89758 M-89758
Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 704 March 1, 2017 2017-040-026 : CARTER WILLIAMS v. THE STATE OF NEW YORK, # 2017-040-026, Claim No. 122324, Motion No. M-89700 M-89700
Claim dismissed as Claim was not timely served upon Defendant in accord with CCA 10 & 11(a)(i).
Score: 613 March 1, 2017 2017-040-028 : ALSAIFULLAH v. THE STATE OF NEW YORK, # 2017-040-028, Claim No. 128637, Motion No. M-89562 M-89562
State's pre-Answer Motion to Dismiss Claim, alleging Claimant's religious rights were violated as he was not allowed to practice his faith, for lack of subject matter jurisdiction granted.
Score: 722 February 27, 2017 2017-040-023 : FRASER v. THE STATE OF NEW YORK, # 2017-040-023, Claim No. 127919, Motion No. M-89416 M-89416
Notice of Intent not timely served in accordance with Court of Claims Act 10(3) and 11(a)(i) so did not extend time to serve and file Claim. Therefore, Claim untimely and dismissed.
Score: 449 February 27, 2017 2017-040-024 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-040-024, Claim No. 118552, Motion No. M-89387 M-89387
Claimant's third Motion to Amend his Claim denied.
Score: 670 February 27, 2017 2017-040-021 : GIAMICHAEL v. THE STATE OF NEW YORK, # 2017-040-021, Claim No. NONE, Motion No. M-89447 M-89447
Movant's application to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 420 February 27, 2017 2017-040-025 : HARRISON v. THE STATE OF NEW YORK, # 2017-040-025, Claim No. 128702, Motion No. M-89461 M-89461
State's pre-Answer Motion to Dismiss Claim as premature granted.
Score: 648 February 27, 2017 2017-040-022 : MORGAN v. THE STATE OF NEW YORK, # 2017-040-022, Claim No. 128590, Motion No. M-89408 M-89408
Notice of Intent not timely served in accordance with Court of Claims Act 10(3) and 11(a)(i) so did not extend time to serve and file Claim. Therefore, Claim untimely and dismissed.
Score: 518 February 24, 2017 2017-050-005 : ROSELLO v. THE STATE OF NEW YORK, # 2017-050-005, Claim No. 126325, Motion No. M-89259 M-89259
The instant claim fails to satisfy the strict pleading requirements of Court of Claims Act 11(b) and defendant's motion to dismiss is therefore granted.
Score: 815 February 22, 2017 2017-040-020 : OXLEY v. THE STATE OF NEW YORK, # 2017-040-020, Claim No. 116264, Motion No. M-89583 M-89583
Claim dismissed pursuant to CPLR 1021 as no representative of Claimant's Estate has been appointed and substituted as Claimant to prosecute this action.
Score: 659 February 22, 2017 2017-041-010 : CLARK v. THE STATE OF NEW YORK, # 2017-041-010, Claim No. 127573, Motion No. M-88332, Cross-Motion No. CM-89632 M-88332
Claim is dismissed where Court lacks jurisdiction over claim which fails to adequately state the nature of the claim, as required by Court of Claims Act 11 (b); claimant's cross-motion is denied as moot.
Score: 722 February 22, 2017 2017-041-009 : FABIANO v. THE STATE OF NEW YORK, # 2017-041-009, Claim No. 120451, Motion Nos. M-89685, M-89837 M-89685, M-89837
Defendant's motion to hold nonparty Workers' Compensation Board in contempt for failure to comply with subpoena to testify at collateral source hearing is denied where subpoena was unsigned and witness fee and traveling expenses were not tendered in advance of return date of subpoena; nonparty workers' compensation benefits administrator's motion to quash subpoena to testify at collateral source hearing is granted where benefits administrator's obligation to pay future medical expenses of claimant is statutorily exempt from consideration as a collateral source and irrelevant to the issues before the court in the collateral source hearing.
Score: 696 February 21, 2017 2017-041-007 : VOLZ v. THE STATE OF NEW YORK, # 2017-041-007, Claim No. 118996, Motion No. M-88940, Cross-Motion No. CM-89544 M-88940
Defendant's motion to dismiss claim for lack of subject matter jurisdiction based upon the exclusivity provisions of the Workers' Compensation Law and for failure to adequately state injuries is denied: Workers' compensation as an exclusive remedy is a defense raised by answer or motion and its potential applicability as a defense to claim does not deprive Court of Claims of subject matter jurisdiction; notice of intention and claim adequately stated claimant's injuries; defendant's motion to dismiss claim is treated as motion to amend answer to add workers' compensation defense and is denied as meritless; claimant's cross-motion to amend claim to assert inapplicability of workers' compensation defense is granted.
Score: 537 February 15, 2017 2017-050-004 : SULLIVAN v. THE STATE OF NEW YORK, # 2017-050-004, Claim No. 125955, Motion No. M-89476 M-89476
Defendant's motion to dismiss the claim is granted. Claimant has not provided the Court with any information concerning his new address, that is, upon or following his release from incarceration.
Score: 236 February 14, 2017 2017-041-006 : FRANKLINE v. THE STATE OF NEW YORK, # 2017-041-006, Claim No. 128525, Motion No. M-89606, Cross-Motion No. CM-89660 M-89606
Claimant's motion for permission to serve and file an amended claim as to his medical malpractice cause of action is granted; claimant's motion to dismiss affirmative defense asserting untimeliness of claimant's assault cause of action is denied and defendant's cross-motion to dismiss assault cause of action as untimely is granted.
Score: 537 February 10, 2017 2017-040-019 : L.V. v. THE STATE OF NEW YORK, # 2017-040-019, Claim No. NONE, Motion No. M-89165 M-89165
Motion to late file a claim pursuant to CCA 10(6) denied as Movant lacks legal capacity to commence action on behalf of daughter and daughter appears to have a legal disability pursuant to CCA 10(5) to toll the statute of limitations.
Score: 498 February 9, 2017 2017-041-005 : TUITT v. THE STATE OF NEW YORK, # 2017-041-005, Claim No. 127760, Motion No. M-89550 M-89550
Claimant's motion for a preliminary injunction is denied.
Score: 600 February 6, 2017 2017-031-015 : COTTO v. THE STATE OF NEW YORK, # 2017-031-015, Claim No. 126535, Motion No. M-89035, Cross-Motion No. CM-89036 M-89035
Claim which was clearly untimely must be dismissed. Defendant's cross motion granted. Claimant failed to demonstrate a reasonable excuse for his delay or the merit of his proposed claim relating to assault upon him by fellow inmates. Claimant's application for late claim relief is denied.
Score: 613 February 3, 2017 2017-040-015 : MADDOX v. THE STATE OF NEW YORK, # 2017-040-015, Claim No. 120857 
Court finds Claimant failed to established causes of action for negligence and intentional infliction of emotional distress in confiscating his wrist braces and hearing aids.
Score: 670 February 3, 2017 2017-040-014 : BEATTIE v. STATE OF NEW YORK, # 2017-040-014, Claim No. 128538, Motion No. M-89373 M-89373
State's pre-Answer Motion to dismiss Claim on the basis it was not timely served upon the Attorney General as required by CCA 10(3) and 11(a)(i) granted.
Score: 659 February 3, 2017 2017-040-012 : GEICO v. THE STATE OF NEW YORK, # 2017-040-012, Claim No. 128392, Motion No. M-89300 M-89300
State's Motion to Dismiss granted as Claim not timely served and filed in accordance with CCA 10(3) and 11(a)(i).
Score: 537 February 2, 2017 2017-040-011 : GONZALVO v. THE STATE OF NEW YORK, # 2017-040-011, Claim No. 120517 
Court finds Claimant failed to establish that Defendant was negligent when Claimant was assaulted by another inmate.
Score: 722 February 2, 2017 2017-032-002 : NEVERSON v. THE STATE OF NEW YORK, # 2017-032-002, Claim No. 127724, Motion No. M-89033 M-89033
Defendant's motion for summary judgment as to claim sounding in assault and wrongful confinement is granted.
Score: 678 February 2, 2017 2017-040-010 : KORELIS v. THE STATE OF NEW YORK, # 2017-040-010, Claim No. 128406, Motion No. M-89258 M-89258
State's motion to dismiss Claim as untimely served and filed as required by CCA 10(3) and 11(a)(i) granted.
Score: 555 February 1, 2017 2017-018-809 : WRIGHT v. STATE OF NEW YORK, # 2017-018-809, Claim No. 128719, Motion No. M-89549 M-89549
Claim is untimely and therefore, DISMISSED.
Score: 637 February 1, 2017 2017-038-511 : WHITE v. THE STATE OF NEW YORK, # 2017-038-511, Claim No. 126367, Motion No. M-88552, Cross-Motion No. CM-88698 M-88552
Defendant's motion to dismiss claim for lack of subject matter jurisdiction denied. Allegations in the claim for reimbursement of moneys withheld from State employee's paychecks sounded in monetary damages, but the dispute over the legality of withholding reimbursement for workers compensation payments requires a threshold determination of whether the Comptroller's determination to withhold monies was illegal or otherwise unauthorized. Court of Claims lacks subject matter jurisdiction over such a dispute, which must be subject to judicial review in Supreme Court upon a petition pursuant to article 78 of the CPLR. Any monies improperly withheld would be recoverable in Supreme Court as incidental damages.
Score: 648 January 31, 2017 2017-018-808 : CONCEPCION v. STATE OF NEW YORK, # 2017-018-808, Claim No. 115336, Motion No. M-89595 M-89595
Claim dismissed for failure to prosecute.
Score: 600 January 31, 2017 2017-040-008 : BENNETT v. THE STATE OF NEW YORK, # 2017-040-008, Claim No. 128013, Motion No. M-89315 M-89315
Claimant's motion for reargument and renewal denied.
Score: 537 January 31, 2017 2017-040-009 : ANDERSON v. THE STATE OF NEW YORK, # 2017-040-009, Claim No. 116025 
Court finds that Claimant failed to establish by a preponderance of the credible evidence that State was negligent or intentionally inflicted emotional distress.
Score: 659 January 31, 2017 2017-018-807 : CONCEPCION v. STATE OF NEW YORK, # 2017-018-807, Claim No. 113970, Motion No. M-89594 M-89594
Defendant's Motion is GRANTED and the claim is DISMISSED for failure to prosecute.
Score: 600 January 30, 2017 2017-018-806 : FINLEY v. STATE OF NEW YORK, # 2017-018-806, Claim No. NONE, Motion No. M-89393 M-89393
Late claim application denied.
Score: 648 January 30, 2017 2017-040-004 : McDIARMID v. THE STATE OF NEW YORK, # 2017-040-004, Claim No. NONE, Motion No. M-89167 M-89167
Motion for permission to serve and file a Claim late pursuant to CCA 10(6) for negligent maintenance and operation of a chairlift at Whiteface Mountain granted.
Score: 388 January 30, 2017 2017-040-006 : THOMAS v. THE STATE OF NEW YORK, # 2017-040-006, Claim No. 128743, Motion No. M-89576 M-89576
Motion for poor person and assignment of counsel denied.
Score: 626 January 27, 2017 2017-040-003 : GONZALEZ v. STATE OF NEW YORK, # 2017-040-003, Claim No. 127820, Motion No. M-89234 M-89234
Pro se Claimant's motion to strike defenses raised in State's Answer granted in part and denied in part.
Score: 880 January 27, 2017 2016-053-004 : WARNER v. THE STATE OF NEW YORK, # 2016-053-004, Claim No. 098768 
A wrongful death action and claims for personal injuries arising from a motor vehicle accident were dismissed following trial. The Court finds that claimants failed to establish that a dangerous condition existed at the intersection where the accident occurred. Additionally, even if a dangerous condition was found to exist, claimants failed to establish that the State had actual or constructive notice.
Score: 613 January 25, 2017 2017-018-803 : ANDERSON v. STATE OF NEW YORK, # 2017-018-803, Claim No. 122087, Motion No. M-89485 M-89485
Defendant has adequately raised the issue of service of the claim. Claimant has failed to respond to this motion with proof that service was completed in accordance with the requirements of Court of Claims Act section 11 (a). Claim is dismissed.
Score: 299 January 25, 2017 2017-018-805 : WOODWARD v. STATE OF NEW YORK, # 2017-018-805, Claim No. 126897, Motion No. M-89411 M-89411
Claimant's motion to compel discovery is granted to the extent set forth in the Decision and Order.
Score: 449 January 25, 2017 2017-018-802 : CARPIO v. STATE OF NEW YORK, # 2017-018-802, Claim No. 120875, Motion No. M-89247 M-89247
Claimant's motion to compel discovery granted to the extent set forth in the Decision and Order.
Score: 388 January 24, 2017 2017-041-004 : BURKE v. THE STATE OF NEW YORK, NEW YORK STATE CANAL CORPORATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEW YORK STATE THRUWAY AUTHORITY, # 2017-041-004, Claim No. 124686, Motion No. M-89513, Cross-Motion No. CM-89561 M-89513
Claimants' motion for an order compelling defendants to provide relevant e-mails to and from defendants' former employee or, alternatively, an affidavit detailing the defendants's search for such e-mails, is granted; Defendants' cross-motion for a protective order as to further depositions is granted in part and denied in part; claimants' request for additional time to file and serve a note of issue and certificate of readiness is granted.
Score: 299 January 23, 2017 2017-050-002 : HENDRIX v. THE STATE OF NEW YORK, # 2017-050-002, Claim No. 120747, Motion No. M-89520 M-89520
Claimant's motion to compel discovery is granted and the defendant is directed to respond to claimant's discovery demands within 30 days of the filing of this decision and order.
Score: 555 January 20, 2017 2017-053-001 : KUDELA v. STATE OF NEW YORK(1) , # 2017-053-001, Claim No. 118769 
Claim dismissed following trial for personal injuries sustained by Claimant after stepping into a hole in a sewer pipe in a wooded area adjacent to the fairway of a disc golf course. Claimant failed to establish that the State created the allegedly hazardous condition or that they had actual or constructive notice of its existence. The Court also applied the doctrine of assumption of risk to the condition of the disc golf course and the wooded area or rough where the incident occurred.
Score: 420 January 20, 2017 2017-040-001 : WALKER v. STATE OF NEW YORK, # 2017-040-001, Claim No. 126128 
Claim dismissed as Claimant failed to appear at Trial to prosecute the Claim.
Score: 555 January 20, 2017 2017-045-004 : CONSTABLE v. THE STATE OF NEW YORK, # 2017-045-004, Claim No. 123571, Motion No. M-86525 M-86525
Defendant's motion to dismiss the claim based on CCA 11 arguing that the claim fails to adequately set forth the location of the accident.
Score: 585 January 18, 2017 2017-030-505 : SZYMASZEK v. THE STATE OF NEW YORK, # 2017-030-505, Claim No. 124279, Motion No. M-88096 M-88096
State
Score: 537 January 13, 2017 2017-038-101 : STILWAGEN v. STATE OF NEW YORK, # 2017-038-101, Claim No. 116669 
Score: 626 January 13, 2017 2017-038-103 : HYATT v. THE STATE OF NEW YORK, # 2017-038-103, Claim No. 118916 
Claim for excessive use of force during cell extraction dismissed after trial. Claimant did not prove by a preponderance of the credible evidence that defendant's employees did not reasonably believe that use of force was necessary or that the degree of force that was used during the cell extraction was excessive.