State's motion to dismiss the claim granted based upon claimant's failure to establish his damages.
|Claimant short name:||MATTHEWS|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Claimant's attorney:||HASHIM MATTHEWS
|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|
|See also (multicaptioned case)|
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
Judge of the Court of Claims