New York State Court of Claims

New York State Court of Claims

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Score: 420 July 11, 2014 2014-040-035 : RAMNARAIN v. THE STATE OF NEW YORK, # 2014-040-035, Claim No. 115738 
Claim dismissed for failure to prosecute due to Claimant's failure to appear at trial.
Score: 585 July 3, 2014 2014-041-041 : CRENSHAW v. THE STATE OF NEW YORK, # 2014-041-041, Claim No. 122840, Motion No. M-84997 M-84997
Score: 299 July 2, 2014 2014-041-040 : WRIGHT v. THE STATE OF NEW YORK, # 2014-041-040, Claim No. 122204, Motion No. M-84677 M-84677
Claimant's motion for default and/or summary judgment on bailment claim is denied where defendant is not in default and claimant has made multiple summary judgment motions.
Score: 659 July 1, 2014 2014-039-419 : HERALD v. STATE OF NEW YORK, # 2014-039-419, Claim No. 123618, Motion No. M-85132 M-85132
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over the matter because claimant failed to file and serve the claim within 90 days of accrual.
Score: 600 June 26, 2014 2014-041-038 : AMATO v. THE STATE OF NEW YORK, # 2014-041-038, Claim No. 122778, Motion No. M-84693, Cross-Motion No. CM-84846 M-84693
Claimant's motion for summary judgment in wrongful confinement action based upon disciplinary determination which was annulled in claimant's Article 78 proceeding is denied where claimant fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's violation of disciplinary hearing regulation; defendant's cross-motion to dismiss for failure of notice of intention to adequately state claim as required by Court of Claims Act 11 (b) is denied.
Score: 537 June 26, 2014 2014-018-520 : KNIGHTON v. STATE OF NEW YORK, # 2014-018-520, Claim No. 119005 
Score: 600 June 25, 2014 2014-040-031 : HOLLADA v. THE STATE OF NEW YORK, # 2014-040-031, Claim No. 119591, Motion No. M-84889 M-84889
Defendant's motion to dismiss claim as it was served by regular mail granted.
Score: 585 June 25, 2014 2014-040-030 : HOLLADA v. THE STATE OF NEW YORK, # 2014-040-030, Claim No. 119590, Motion No. M-84888 M-84888
Defendant's motion to dismiss claim as it was served by regular mail granted.
Score: 299 June 24, 2014 2014-010-034 : GREENBERG v. THE STATE OF NEW YORK, # 2014-010-034, Claim No. 120989 
State truck struck claimant's car in the rear after he pulled onto the roadway without looking in the rearview mirror. Claimant 60% liable and state 40% liable.
Score: 420 June 24, 2014 2014-040-028 : CABASSA v. THE STATE OF NEW YORK, # 2014-040-028, Claim No. 119018, Motion No. M-84844 M-84844
Claimant's motion to amend caption to reflect his proper name granted.
Score: 388 June 24, 2014 2014-040-029 : LaPIERRE v. THE STATE OF NEW YORK, # 2014-040-029, Claim No. 123678, Motion Nos. M-84856, M-84983 M-84856, M-84983
Claimant's motion for poor person status and assignment of counsel denied.
Score: 475 June 20, 2014 2014-048-148 : LEVOLA v. THE STATE OF NEW YORK, # 2014-048-148, Claim No. 117104, Motion No. M-84220, Cross-Motion No. CM-85034 M-84220
Score: 585 June 20, 2014 2014-041-037 : ROBINSON v. THE STATE OF NEW YORK, # 2014-041-037, Claim No. None, Motion No. M-84887 M-84887
Application to file late claim alleging, among other things, inadequate medical care is denied where claimant fails to offer adequate excuse for delay or show appearance of merit of proposed claim.
Score: 518 June 19, 2014 2014-040-027 : MENHENNETT v. THE STATE OF NEW YORK, # 2014-040-027, Claim No. 123585, Motion No. M-84704, Cross-Motion No. CM-84789 M-84704
State's motion to dismiss claim granted. Claimant's cross-motion to amend claim denied.
Score: 687 June 19, 2014 2014-009-100 : COLE v. THE STATE OF NEW YORK, # 2014-009-100, Claim No. 116651 
Claimant's claim seeking damages for personal injuries in a slip and fall case at SUNY Upstate was dismissed based upon the Court's finding, following trial, that defendant did not have a reasonable amount of time to clean up a liquid spill after receiving notice of the dangerous condition.
Score: 678 June 18, 2014 2014-039-417 : KHIGER v. STATE OF NEW YORK, # 2014-039-417, Claim No. 124110, Motion No. M-85024 M-85024
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over the matter because claimant failed to file and serve the claim within 90 days of accrual.
Score: 570 June 18, 2014 2014-045-017 : CRAMER v. STATE OF NEW YORK, # 2014-045-017, Claim No. 123603, Motion No. M-84481 M-84481
Defendant's motion to dismiss, claim implicates whistleblower statutes Labor Law 740 and Civil Service Law 75-b.
Score: 498 June 17, 2014 2014-030-009 : JACKSON v. THE STATE OF NEW YORK, # 2014-030-009, Claim No. 103848 
Claimant's decedent, suffering end stage renal disease, died at defendant's hospital two weeks after a kidney transplant. Claimant failed to establish that any acts or omissions by those hospital personnel whose conduct had not been precluded from review by earlier rulings in State Supreme Court, namely, nursing personnel, were a proximate cause of her husband's death. Not enough to assert that a protocol was not followed or that there were delays or failures of coordination of care without some credible nexus between a failure to follow such procedure, and the injury.
Score: 722 June 16, 2014 2014-041-036 : SCRIBNER v. THE STATE OF NEW YORK, # 2014-041-036, Claim No. 120372, Motion No. M-83156, Cross-Motion No. CM-83273 M-83156
Defendant's motion for summary judgment dismissing claim is denied and claimant's cross-motion for summary judgment as to defendant's Labor Law 240 (1) liability is granted where claimant's decedent was injured when he fell several feet from roof edge of State Capitol to scaffolding platform. Work being performed by claimant's decedent presented two separate elevation-related risks and defendant's failure to provide any safety device to protect against fall from roof edge to scaffolding platform was a proximate cause of the accident.
Score: 420 June 12, 2014 2014-041-505 : RIVERA v. THE STATE OF NEW YORK, # 2014-041-505, Claim No. 110632, Motion No. M-84499 M-84499
Claim alleging that defendant negligently failed to protect inmate from assault by unidentified fellow inmate is dismissed after trial where there was no proof that defendant knew or should have known of any enemies of claimant, claimant had expressed no concerns for his personal safety prior to attack, and the attack upon claimant was sudden and unexpected, from behind, made by an unknown person using an unknown and unrecovered object.
Score: 704 June 11, 2014 2014-016-019 : BERMUDEZ v. THE STATE OF NEW YORK, # 2014-016-019, Claim No. 118556, Motion No. M-84686 M-84686
Score: 518 June 11, 2014 2014-038-528 : SMITH v. THE STATE OF NEW YORK, # 2014-038-528, Claim No. 121841, Motion No. M-84804 M-84804
Claimant's motion for summary judgment denied. Motion unsupported by pleadings, claimant's affidavit and verifications not sworn in accordance with New York law, and motion unsupported by other documents in admissible form.
Score: 555 June 11, 2014 2014-039-415 : BRUNO v. STATE OF NEW YORK, # 2014-039-415, Claim No. 119310, Motion No. M-84538 M-84538
Defendant's motion for summary judgment is denied. Claimant alleges medical malpractice and negligence arising from medical treatment he received while in the custody of DOCCS. The physician's affidavit submitted by defendant in support of summary judgment is conclusory and fails to provide a specific factual basis for the opinions therein.
Score: 449 June 11, 2014 2014-039-416 : RODENA v. STATE OF NEW YORK, # 2014-039-416, Claim No. 121563, Motion No. M-84964 M-84964
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over the matter because claimant failed to state a date of accrual in the claim.
Score: 518 June 11, 2014 2014-041-504 : BARNES v. STATE OF NEW YORK, # 2014-041-504, Claim No. 116926, Motion No. M-84664 M-84664
Inmate claim alleging that negligent training and/or defective tool provided by defendant caused claimant to suffer injury to finger in prison work accident is dismissed after trial where preponderance of credible evidence showed that claimant was sole proximate cause of injury.
Score: 696 June 10, 2014 2014-039-414 : SANTANA v. STATE OF NEW YORK, # 2014-039-414, Claim No. 123986, Motion No. M-84931 M-84931
Defendant's motion to dismiss the claim is granted. Claimant failed to serve a copy of the claim upon the Attorney General's Office by an authorized method.
Score: 498 June 9, 2014 2014-048-146 : BARTLETT v. THE STATE OF NEW YORK, # 2014-048-146, Claim No. 122571, Motion No. M-84699 M-84699
The Court granted Claimant's motion for permission to serve and file an amended claim.
Score: 626 June 9, 2014 2014-048-145 : MUNGIN v. THE STATE OF NEW YORK, # 2014-048-145, Claim No. 113764, Motion No. M-84658 M-84658
The Court dismissed the Claim for failure to prosecute pursuant to CPLR 3216.
Score: 420 June 9, 2014 2014-045-016 : TERRY v. THE STATE OF NEW YORK, # 2014-045-016, Claim No. 119696, Motion No. M-84626, Cross-Motion No. CM-84803 M-84626
motion to reargue, recusal etc.
Score: 449 June 9, 2014 2014-048-147 : MALLOY v. THE STATE OF NEW YORK, # 2014-048-147, Claim No. 108930, Motion No. M-84991 M-84991
The Court denied Claimant's motion for poor person relief and the assignment of counsel.
Score: 449 June 6, 2014 2014-038-526 : CHANDLER v. THE STATE OF NEW YORK, # 2014-038-526, Claim No. 118447, Motion No. M-84799 M-84799
Defendant's motion to dismiss claim granted. Service of the claim by certified mail without return receipt requested is not a manner of service that is authorized by Court of Claims Act 11(a) (i), and thus, the claim is jurisdictionally defective.
Score: 757 June 5, 2014 2014-039-408 : ARGENTIERI v. STATE OF NEW YORK, # 2014-039-408, Claim No. 123323 
Claim is dismissed pursuant to Court of Claims Act 19 and Uniform Rules for the Court of Claims 206.10 (g) upon claimant's failure to appear for two conferences.
Score: 659 June 5, 2014 2014-009-101 : YANG v. THE STATE OF NEW YORK, # 2014-009-101, Claim No. 106513 
The Court awarded claimant the sum of $125,000 for past pain and suffering int this dental malpractice claim.
Score: 570 June 5, 2014 2014-044-525 : SOMER v. STATE OF NEW YORK, # 2014-044-525, Claim No. 122320, Motion No. M-84865 M-84865
Failure to set forth location of accident with sufficient specificity results in dismissal for lack of subject-matter jurisdiction; defect cannot be cured through Bill of Particulars.
Score: 537 June 4, 2014 2014-048-141 : ANDERSON v. THE STATE OF NEW YORK, # 2014-048-141, Claim No. 120181, Motion No. M-84660 M-84660
The Court granted Defendant's motion to dismiss the Claim for failure to prosecute.
Score: 687 June 4, 2014 2014-048-140 : RAMAZZOTTI v. THE STATE OF NEW YORK, # 2014-048-140, Claim No. NONE, Motion No. M-84479 M-84479
The Court granted Claimant's motion seeking permission to file a late claim pursuant to Court of Claims Act Section 10 (6).
Score: 498 June 4, 2014 2014-048-142 : SKINNER v. THE STATE OF NEW YORK, # 2014-048-142, Claim No. 114403-A, Motion No. M-84593 M-84593
The Court denied Claimant's motion for a trial subpoena duces tecum.
Score: 728 June 4, 2014 2014-048-139 : TRUCCHIO v. THE STATE OF NEW YORK, # 2014-048-139, Claim No. 112596, Motion Nos. M-84434, M-84435 M-84434, M-84435
The Court granted Claimant's motion seeking an extension of time to file a Note of Issue and Certificate of Readiness, but denied Claimant's motion seeking poor person status.
Score: 659 June 4, 2014 2014-048-535 : SHELTON v. THE STATE OF NEW YORK, # 2014-048-535, Claim No. 112478 
The Court dismissed the Claim for failure to prosecute pursuant to CPLR 3216.
Score: 518 June 3, 2014 2014-038-525 : ROMANCE v. THE STATE OF NEW YORK, # 2014-038-525, Claim No. 117475, Motion Nos. M-84537, M-84571 M-84537, M-84571
Motions of claimant for subpoenas ad testificandum granted in part. Subpoenas issued for retired employees who have testimony that is material and necessary. Methods of service of such subpoenas set forth, providing defendant with the choice to disclose addresses or serve the subpoenas upon claimant's tender of fees. Defendant directed to produce at trial without resort to subpoena those employees who are currently stationed at the correctional facility where claim arose, and whose testimony was shown to be material and necessary. Subpoenas duces tecum denied as improper use of subpoena power, but defendant directed to produce at trial all materials previously produced to claimant in discovery, as well as photographs to which defendant did not object.
Score: 475 June 3, 2014 2014-040-025 : EMOND v. STATE OF NEW YORK, # 2014-040-025, Claim No. 123353, Motion No. M-84469, Cross-Motion No. CM-84798 M-84469
Claimant's motion for default judgment denied and State's cross-motion pursuant to CPLR 3012(d) extending its time to answer granted.
Score: 498 June 2, 2014 2014-009-015 : PRICE v. THE STATE OF NEW YORK, # 2014-009-015, Claim No. 117337, Motion No. M-84594 M-84594
Defendant's motion for an order dismissing the claim based upon improper service (regular, first class mail and not certified mail, return receipt requested) was granted.
Score: 475 June 2, 2014 2014-009-016 : ALLAH v. THE STATE OF NEW YORK, # 2014-009-016, Claim No. 122708, Motion No. M-84446, Cross-Motion No. CM-84723 M-84446
Claimant's motion for a default judgment was denied, and defendant's cross motion for an order dismissing the claim was granted based upon documentary evidence that claimant had failed to serve his claim upon the attorney general.
Score: 776 May 30, 2014 2014-039-411 : SZE v. STATE OF NEW YORK, # 2014-039-411, Claim No. 123375, Motion No. M-84344, Cross-Motion No. CM-84597 M-84344
Defendant's motion to dismiss the claim is granted in part. Inasmuch as the claim alleges a class action, claimant failed to name the individual class members and failed to meet the specific pleading requirements of Court of Claims Act 11 (b) with respect to the unnamed class members. The claim is also dismissed inasmuch as it alleges a constitutional tort cause of action; invocation of a constitutional tort cause of action is unnecessary because claimant had alternative avenues of redress available. Defendant's motion to dismiss claimant's wrongful confinement cause of action, as untimely, is denied.
Score: 299 May 30, 2014 2014-010-036 : SNYDER v. THE STATE OF NEW YORK, # 2014-010-036, Claim No. 122727, Motion No. M-84936 M-84936
claimant's motion to compel disclosure denied, claimant has failed to serve defendant with any discovery demands.
Score: 678 May 30, 2014 2014-018-516 : Davila v. STATE OF NEW YORK, # 2014-018-516, Claim No. 119620, Motion No. M-84079, Cross-Motion No. CM-84668 M-84079
Claimant's motion for summary judgment is granted. The Notice to Admit, together with other undisputed failures, establish the State is 100% liable for Ms. Bonilla's injuries and death.
Score: 585 May 30, 2014 2014-039-412 : DAWSON v. STATE OF NEW YORK, # 2014-039-412, Claim No. 110580, Motion No. M-84528 M-84528
Defendant's motion for an order dismissing the claim based upon claimant's failure to prosecute is granted pursuant to Court of Claims Act 19 (3).
Score: 420 May 29, 2014 2014-016-016 : STARON v. THE STATE OF NEW YORK, # 2014-016-016, Claim No. 116369, 117218 
Score: 757 May 23, 2014 2014-039-410 : DAVIES v. STATE OF NEW YORK, # 2014-039-410, Claim No. 117273 
Score: 498 May 22, 2014 2014-049-018 : VERGARA v. CITY UNIVERSITY OF NEW YORK, BROOKLYN COLLEGE and RICHARD MARESCA, # 2014-049-018, Claim No. 123598, Motion No. M-84507 M-84507
Defendant's pre-answer motion to dismiss the claim is granted. Claimant failed to comply with the service requirements and time limitations of the Court of Claims Act.