New York State Court of Claims

New York State Court of Claims

WILSON v. THE STATE OF NEW YORK, #2005-019-036, Claim No. 101615


Synopsis


Claimant awarded $75.00 on bailment claim for missing personal property.

Case Information

UID:
2005-019-036
Claimant(s):
De'ANDRE WILSON
Claimant short name:
WILSON
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
101615
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
De'ANDRE WILSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Geoffrey B. Rossi, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
November 3, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, De'Andre Wilson, an inmate appearing pro se, alleges that certain personal property belonging to him was lost during his incarceration in Southport Correctional Facility. A trial was held in this matter on October 25, 2005 at the Elmira Correctional Facility.

At trial, claimant testified that on or about July 26, 1999 he was put in the special housing unit in Southport and thereafter discovered that the following items belonging to him were missing, namely a radio cassette player; a walkman; one pair of headphones; five cassette tapes; four bath towels; and 200 photographs.


The claimant, to the court's satisfaction, established the existence of a bailment to the extent noted below by proving that his property was deposited with the defendant and that the latter failed to return it. (
Weinberg v D-M Rest. Corp., 60 AD2d 550; Heede Hoist & Mach. Co. v Bayview Towers Apts., 74 AD2d 598). More specifically, the court found that claimant established the existence of a bailment with respect to the five cassette tapes; four bath towels; and 200 photographs, but not the remaining items. Due to claimant's lack of receipts, the court determined damages based upon the fair market value of said missing property less depreciation from the credible evidence presented at trial. However, personally meaningful items, such as photographs have no fair market value.

Upon close of the claimant's case, the State did not sufficiently refute the allegations of claimant.


Consequently, at the conclusion of the trial, a decision was rendered on the record on behalf of the claimant. Therefore, after due deliberation having been had the court finds for the claimant in the amount of $75.00 with the appropriate statutory interest from July 26, 1999.


Any and all motions on which the court may have previously reserved or which were not previously determined, are hereby denied.


Finally, to the extent that claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act 11-a (2).

The clerk of the court is hereby directed to enter said judgment accordingly.


November 3, 2005
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims