New York State Court of Claims

New York State Court of Claims

VAUGHAN v. THE STATE OF NEW YORK, #2006-009-153, Claim No. 108957


Synopsis


Following a determination of summary judgment in claimant's favor, claimant was awarded the sum of $43.24 on this bailment claim.

Case Information

UID:
2006-009-153
Claimant(s):
STEPHEN VAUGHAN
Claimant short name:
VAUGHAN
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108957
Motion number(s):

Cross-motion number(s):

Judge:
NICHOLAS V. MIDEY JR.
Claimant's attorney:
STEPHEN VAUGHAN, Pro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General
BY: G. Lawrence Dillon, Esq.,
Assistant Attorney GeneralOf Counsel.
Third-party defendant's attorney:

Signature date:
March 20, 2006
City:
Syracuse
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
In a Decision and Order dated March 1, 2005[1]
, this Court granted claimant's motion for summary judgment on the issue of liability in this bailment claim. A trial of this claim, limited solely to the issue of damages, was then held at Marcy Correctional Facility on November 7, 2005.
Claimant has the burden to satisfy the Court of the fair market value of the items in question (
Phillips v Catania, 155 AD2d 866; Schaffner v Pierce, 75 Misc 2d 21). In this particular matter, claimant submitted receipts (see Claimant's Exhibit 1) for the vast majority of the items set forth in his claim. At trial, the Court found claimant to be a credible witness, and determines that claimant has made an appropriate reduction for depreciation for each of the items in his claim. The amount sought by claimant for these items, as set forth in his claim, therefore represents fair market value. Accordingly, the Court hereby awards claimant the sum of $43.24 for his lost property[2]. This award shall carry appropriate interest from August 15, 2003 to February 15, 2004, and then from February 25, 2004 to March 1, 2005 (the date that liability was determined)and then again from March 1, 2005 and thereafter to the date of entry of judgment herein. Furthermore, to the extent that claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act § 11-a(2).
LET JUDGMENT BE ENTERED ACCORDINGLY.


March 20, 2006
Syracuse, New York

HON. NICHOLAS V. MIDEY JR.
Judge of the Court of Claims




[1] See Decision and Order to Motion No. M-69153 (
Vaughan v State of New York
, Ct Cl, March 17, 2005, Midey, J., [UID #2005-009-014]). Unpublished decisions and selected orders of the Court of Claims are available via the Internet at http://www.nyscourtofclaims.state.ny.us/decisions.
[2] Although claimant had asserted a cause of action seeking damages for denial of access to his lost religious materials, no proof or testimony of any such loss was offered at this trial on damages. Therefore, no award has been made on this cause of action.