New York State Court of Claims

New York State Court of Claims
MATTHEWS v. THE STATE OF NEW YORK, # 2018-054-112, Claim No. 127039

Synopsis

State's motion to dismiss the claim granted based upon claimant's failure to establish his damages.

Case information

UID: 2018-054-112
Claimant(s): HASHIM MATTHEWS
Claimant short name: MATTHEWS
Footnote (claimant name) :
Defendant(s): THE STATE OF NEW YORK
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 127039
Motion number(s):
Cross-motion number(s):
Judge: WALTER RIVERA
Claimant's attorney: HASHIM MATTHEWS
Pro Se
Defendant's attorney: HON. BARBARA D. UNDERWOOD
Attorney General for the State of New York
By: Thomas Monjeau, Assistant Attorney General
Third-party defendant's attorney:
Signature date: November 8, 2018
City: White Plains
Comments:
Official citation:
Appellate results:
See also (multicaptioned case)

Decision

The trial of this bailment claim was heard on November 8, 2018 via video-conferencing technology. Claimant alleged that on April 20, 2015, defendant was negligent in transporting his legal papers from Eastern NY Correctional Facility to Five Points Correctional Facility resulting in the loss of some of his legal papers. Defendant moved to dismiss the claim based upon claimant's failure to make out a prima facie case.

The Court gave careful consideration to the testimony presented and the exhibits received in evidence before rendering a decision from the bench.

While the Court found claimant to be a credible witness, the Court's determination must be based upon the evidence presented. Even upon a finding of negligence on the part of the State, the Court cannot speculate as to the number of pages missing related to claimant's then pending habeas corpus matter in federal court. Accordingly, the Court GRANTED the State's motion to dismiss the claim based upon claimant's failure to establish his damages.

LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 127039.

November 8, 2018

White Plains, New York

WALTER RIVERA

Judge of the Court of Claims