New York State Court of Claims

New York State Court of Claims

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Score: 728 October 23, 2014 2014-010-065 : ALLEN v. THE STATE OF NEW YORK, # 2014-010-065, Claim No. 121835, Motion No. M-85174, Cross-Motion Nos. CM-85453, CM-85454 M-85174
Dismissal of false arrest, malicious prosecution; untimely late claim.
Score: 299 October 8, 2014 2014-041-057 : TINSLEY v. THE STATE OF NEW YORK, # 2014-041-057, Claim No. 124513, Motion No. M-85370 M-85370
Motion to dismiss claim for lack of jurisdiction due to untimely filing and service of claim is denied with leave to renew.
Score: 648 October 2, 2014 2014-018-536 : Liberty Mutual v. STATE OF NEW YORK, # 2014-018-536, Claim No. 124316, Motion No. M-85128 M-85128
Defendant brings a pre-answer motion to dismiss the claim for lack of person and subject matter jurisdiction and for dismissal pursuant to CPLR 3211 (a) (4). Defendant's motion is denied in all respects and it has 30 days from the filing date of this motion to file and serve its verified answer.
Score: 449 October 1, 2014 2014-041-055 : MCFADDEN v. THE STATE OF NEW YORK, # 2014-041-055, Claim No. 113641, Motion No. M-85361 M-85361
Claimant's motion for an order settling the record on appeal is denied where claimant fails to submit a proposed record on appeal for the Court's review and consideration.
Score: 347 September 30, 2014 2014-018-535 : DONHAUSER v. STATE OF NEW YORK, # 2014-018-535, Claim No. 123976, Motion No. M-85327 M-85327
Claimant brings a motion for summary judgment asserting Defendant's defenses are without merit and should be dismissed as a matter of law. The Court grants the motion to the extent Defendant's eighth and tenth affirmative defenses are dismissed. The balance of Claimant's is denied.
Score: 704 September 30, 2014 2014-018-534 : ROBINSON v. STATE OF NEW YORK, # 2014-018-534, Claim No. 117140, Motion No. M-85136, Cross-Motion No. CM-85417 M-85136
Defendant's motion for summary judgment for lack of subject matter jurisdiction is denied. Defendant's summary judgment motion for lack of foreseeability and discretionary acts is also denied because of questions of fact. Claimant's cross motion for summary judgment is denied due to questions of fact.
Score: 449 September 29, 2014 2014-044-555 : BROWN v. THE STATE OF NEW YORK, # 2014-044-555, Claim No. 124283, Motion No. M-85269, Cross-Motion No. CM-85436 M-85269
Court granted defendant's motion for summary judgment in inmate's claim for wrongful confinement.
Score: 449 September 29, 2014 2014-010-064 : HOUSTON v. THE STATE OF NEW YORK, # 2014-010-064, Claim No. NONE, Motion No. M-85317 M-85317
Movant's late claim application granted, claimant has shown appearance of merit and defendant has not effectively argued undue prejudice.
Score: 449 September 29, 2014 2014-010-063 : TERZANI v. JASON FITZPATRICK & THE STATE OF NEW YORK, # 2014-010-063, Claim No. NONE, Motion No. M-85521 M-85521
Movant's late claim application granted, defendant does not effectively argue undue prejudice.
Score: 518 September 29, 2014 2014-045-028 : HOMER v. THE STATE OF NEW YORK, # 2014-045-028, Claim No. 118564, Motion No. M-84679 M-84679
Claimant's motion for summary judgment.
Score: 449 September 26, 2014 2014-010-061 : GARBUTT v. THE STATE OF NEW YORK, # 2014-010-061, Claim No. 124584, Motion No. M-85458 M-85458
Defendant's motion to dismiss claim granted, claim not timely commenced.
Score: 236 September 26, 2014 2015-041-052 : WORD v. THE STATE OF NEW YORK, # 2015-041-052, Claim No. 124300, Motion Nos. M-85284, M-85357 M-85284, M-85357
Claimant's motion to dismiss defenses is denied where claimant fails to show that the defenses lacked merit; claimant's motion for summary judgment is denied for failure to attach pleadings.
Score: 388 September 26, 2014 2014-010-058 : HARVEY v. THE STATE OF NEW YORK, # 2014-010-058, Claim No. 124621, Motion No. M-85470 M-85470
Defendant motion to dismiss granted, claim served by regular mail.
Score: 388 September 26, 2014 2014-010-062 : DAUM v. THE STATE OF NEW YORK, # 2014-010-062, Claim No. 124609, Motion No. M-85498, Cross-Motion No. CM-85550 M-85498
Defendant's motion for summary judgment granted, claim not timely commenced.
Score: 388 September 26, 2014 2014-010-059 : SILER v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS SERVICES, et al., # 2014-010-059, Claim No. 124088, Motion No. M-85490 M-85490
Claimant's motion for default judgmentdenied, defendant timely served claimant with an answer and filed a copy with the Court.
Score: 149 September 25, 2014 2014-031-052 : McFADDEN v. THE STATE OF NEW YORK, # 2014-031-052, Claim No. 121863, Motion No. M-84794 M-84794
Claimant's use of interrogatories on a non-party is inappropriate, and his motion to compel such disclosure from Defendant is denied.
Score: 518 September 24, 2014 2014-050-047 : KELLY v. THE STATE OF NEW YORK, # 2014-050-047, Claim No. NONE, Motion No. M-85143 M-85143
Motion for permission to file a late claim granted. The proposed claim sets forth causes of action alleging discrimination based on sexual orientation and retaliation, each pursuant to New York State Humans Rights Law (HRL) 290 et. seq.
Score: 388 September 24, 2014 2014-045-027 : TERRY v. THE STATE OF NEW YORK, # 2014-045-027, Claim No. 119696, Motion No. M-85043, Cross-Motion No. CM-85406 M-85043
Claimant's motion seeking permission to file a fifth amended claim. Claimant also seeks to renew and reargue this Court's prior Decision and Order in this matter. Defendant's cross-motion for sanctions.
Score: 518 September 22, 2014 2014-041-509 : MATIAS v. THE STATE OF NEW YORK, # 2014-041-509, Claim No. 114900, Motion No. M-83798 M-83798
Claim for medical malpractice is dismissed after trial. Claimant failed to prove by a preponderance of the credible evidence that defendant's care of his ruptured Achilles tendon deviated from acceptable medical practice.
Score: 498 September 19, 2014 2014-045-026 : CLAUDIO v. THE STATE OF NEW YORK, # 2014-045-026, Claim No. 123972, Motion No. M-85265 M-85265
Defendant's motion seeking dismissal of the claim for a lack of subject matter jurisdiction, CPLR 3211(a)2 and a failure to state a cause of action, CPLR 3211(a)7.
Score: 600 September 18, 2014 2014-040-045 : REED v. THE STATE OF NEW YORK, # 2014-040-045, Claim No. 124359, Motion No. M-85386 M-85386
Prisoner bailment Claim dismissed as Claimant failed to exhaust his administrative remedies prior to commencing this action in accord with CCA 10(9). Also, Claimant failed to serve the Claim upon the Attorney General.
Score: 449 September 18, 2014 2014-031-051 : PETERSON v. THE STATE OF NEW YORK, # 2014-031-051, Claim No. None, Motion No. M-84903 M-84903
Claimant failed to demonstrate either a reasonable excuse for his delay in filing or the appearance of merit to his proposed claim for illegal confinement. His motion for permission to file a late claim is denied.
Score: 678 September 17, 2014 2014-041-051 : TRAMMELL v. THE STATE OF NEW YORK, # 2014-041-051, Claim No. 124461, Motion No. M-85285 M-85285
Claim alleging that defendant violated inmate/claimant's state constitutional rights by denying admission to protective custody is dismissed where claimant had adequate alternative remedy in CPLR Article 78; CPLR 3211 (a) (7) motion to dismiss inmate lost property claim for failure to state a cause of action based on failure of claimant to exhaust his administrative remedy is denied where claimant submits sworn proof that he complied with administrative remedy requirement.
Score: 236 September 17, 2014 2014-048-159 : GREEN v. THE STATE OF NEW YORK, # 2014-048-159, Claim No. 123812, Motion No. M-85257 M-85257
Claimant's motion for summary judgment denied as he failed to establish his prima facie entitlement thereto.
Score: 704 September 17 2014 2014-048-158 : SIOLESKI v. THE STATE OF NEW YORK, # 2014-048-158, Claim No. 117356, 117413, Motion No. M-84979 M-84979
The Court dismissed the Claim, concluding that it lacked subject matter jurisdiction over the matter based on Claimant's failure comply with the service requirements of Court of Claims Act 11 (a) (i).
Score: 626 September 16, 2014 2014-044-551 : WILLIAMS v. THE STATE OF NEW YORK, # 2014-044-551, Claim No. None, Motion No. M-85203 M-85203
Inmate claimant granted permission to late file claim for personal injuries allegedly incurred in an inmate-on-inmate assault.
Score: 744 September 16, 2014 2014-044-552 : OLLMAN v. THE STATE OF NEW YORK, # 2014-044-552, Claim No. None, Motion No. M-85330 M-85330
Court denied inmate's motion for permission to late file claim for unjust conviction and wrongful confinement.
Score: 570 September 16, 2014 2014-048-157 : HODGES v. THE STATE OF NEW YORK, # 2014-048-157, Claim No. 114558, Motion No. M-85202 M-85202
The Court granted Defendant's motion to dismiss the Claim for failure to prosecute.
Score: 585 September 16, 2014 2014-044-553 : CASTILLO v. THE STATE OF NEW YORK, # 2014-044-553, Claim No. 113945, Motion No. M-85090, Cross-Motion No. CM-85385 M-85090
Inmate claimant's motion for summary judgment in inmate-on-inmate assault case denied; defendant's cross-motion for summary judgment also denied, but some causes of action dismissed.
Score: 537 September 15, 2014 2014-048-156 : MARTIN v. THE STATE OF NEW YORK, # 2014-048-156, Claim No. None, Motion No. M-85282 M-85282
The Court denied Claimant's motion, made pursuant to Court of Claims Act 10 (6), to file a late claim, finding that it lacked subject matter jurisdiction over claims against the Madison County Sheriff.
Score: 696 September 15, 2014 2014-044-550 : RUMPH v. THE STATE OF NEW YORK, # 2014-044-550, Claim No. None, Motion No. M-85068 M-85068
Court granted inmate's motion for permission to file late claim for injuries allegedly received in inmate-on-inmate assault.
Score: 613 September 15, 2014 2014-044-546 : MAZZARESE v. THE STATE OF NEW YORK, # 2014-044-546, Claim No. 121063, Motion No. M-85028 M-85028
Defendant's motion for summary judgment granted on the issue of whether legal access to an appropriated property existed at the time of appropriation.
Score: 537 September 10, 2014 2014-041-050 : GALBERTH v. THE STATE OF NEW YORK, # 2014-041-050, Claim No. NONE, Motion No. M-85331 M-85331
Claimant's motion for reconsideration is denied where movant failed to serve motion on the Attorney General, failed to file or serve motion papers underlying the prior decision and order, failed to show that the court overlooked or misapprehended the facts and/or the law, offered no new facts in admissible form which would change the prior determination and failed to provide a reasonable justification for the failure to present any such facts on the prior motion.
Score: 626 September 10, 2014 2014-048-154 : SMITH v. THE STATE OF NEW YORK, # 2014-048-154, Claim No. 110018, Motion No. M-84980 M-84980
The Court dismissed the Claim, concluding that it lacked subject matter jurisdiction over the matter based on Claimant's failure comply with the service requirements of Court of Claims Act 11 (a) (i).
Score: 299 September 8, 2014 2014-050-044 : MAIZE v. THE STATE OF NEW YORK, # 2014-050-044, Claim No. 123979, Motion No. M-85316 M-85316
Motion denied for failure to submit a copy of claim with motion, failure to submit proof of service on the adverse party and failure to provide a signed affidavit in support of motion.
Score: 388 September 8, 2014 2014-041-049 : ALI v. THE STATE OF NEW YORK, # 2014-041-049, Claim No. 123950, Motion Nos. M-84911, M-85184 M-84911, M-85184
Service of claim upon Attorney General by USPS priority mail is insufficient to obtain jurisdiction over defendant.
Score: 420 September 5, 2014 2014-044-545 : HORSEHEADS v. THE STATE OF NEW YORK, # 2014-044-545, Claim No. 121012, Motion No. M-85027 M-85027
Defendant's motion for summary judgment granted on the issue of whether legal access to an appropriated property existed at the time of appropriation.
Score: 637 September 5, 2014 2014-032-016 : FISHBURNE v. THE STATE OF NEW YORK, # 2014-032-016, Claim No. 119146 
The Court awards claimant $30,000.00 for the wrist fracture she sustained as a result of an automobile accident in which defendant admitted liability.
Score: 518 September 3, 2014 2014-044-543 : SUBA v. THE STATE OF NEW YORK, # 2014-044-543, Claim No. 117559, Motion No. M-84758 M-84758
Court granted defendant's motion for summary judgment in inmate's claim for medical malpractice/negligence, as well as assault.
Score: 420 September 2, 2014 2014-041-508 : JOHNSON v. THE STATE OF NEW YORK, # 2014-041-508, Claim No. 121218 
Inmate/claimant who slipped and fell on prison walkway while winter storm was in progress failed to prove by a preponderance of the credible evidence that the defendant was negligent in its snow removal planning or practices where no slips or falls were reported that day prior to claimant's fall, despite substantial inmate pedestrian movement, no complaints of icy conditions were made to defendant and no persuasive proof was presented to establish that defendant created a dangerous condition upon which claimant slipped and fell.
Score: 659 September 2, 2014 2014-044-540 : LANDO v. THE STATE OF NEW YORK, # 2014-044-540, Claim No. 119551, Motion No. M-85271 M-85271
Claimant's EDPL 701 motion for additional allowance granted.
Score: 475 August 27, 2014 2014-041-506 : KOVALENKO v. NEW YORK STATE THRUWAY AUTHORITY, # 2014-041-506, Claim No. 118509 
Claimant, who suffered a patellar fracture to her right knee after falling in parking lot, was hospitalized for four days, underwent surgery to repair fracture and whose activities and lifestyle have been detrimentally affected, is awarded $100,000 for past pain and suffering, together with $225,000 for future pain and suffering, and spouse is awarded $10,000 for his derivative cause of action, for a total award of $335,000. Award is reduced by the previously determined 50% level of culpability attributed to claimant by this Court's liability decision, resulting in a judgment of $167,500 in damages.
Score: 449 August 27, 2014 2014-038-540 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-540, Claim No. 112099, Motion No. M-84966 M-84966
Defendant's motion to dismiss granted. Neither the claim nor the notice of intention to file the claim was served within 90 days of accrual.
Score: 475 August 27, 2014 2014-038-539 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-539, Claim No. 112711, Motion No. M-85054 M-85054
Defendant's motion to dismiss on jurisdictional grounds granted. Claim was not served by CMRRR.
Score: 626 August 27, 2014 2014-041-507 : BATES v. THE STATE OF NEW YORK, # 2014-041-507, Claim No. 120790 
Defendant is found 100% liable for claimant's fall and injuries, sustained by claimant on untreated ice on the exposed 8 th floor of the Capital District Psychiatric Center parking garage, when claimant was visiting to take a civil service exam.
Score: 236 August 26, 2014 2014-018-532 : FIGUEROA v. STATE OF NEW YORK, # 2014-018-532, Claim No. 124282, Motion No. M-85294 M-85294
The fact that Claimant proceeded safely and did not contribute to his injuries, does not establish that Defendant's defense lacks all merit. There can be more than one proximate cause of an incident ( Cox v Nunez , 23 AD3d 427, 427 [2d Dept 2005]). Defendant has stated a viable defense. Claimant's motion is DENIED.
Score: 713 August 26, 2014 2014-039-429 : GONZALEZ v. STATE OF NEW YORK, # 2014-039-429, Claim No. 121550, Motion No. M-85301 M-85301
Defendant's motion to dismiss the claim is granted. The claim is untimely, as the claim was not filed and served within 90 days of accrual, and the notice of intention to file a claim, while timely, was not served by an authorized method.
Score: 347 August 26, 2014 2014-010-049 : JACKSON v. THE STATE OF NEW YORK, # 2014-010-049, Claim No. 124471, Motion No. M-85372 M-85372
defendant's motion to dismiss GRANTED, not commenced within 90 days of accrual, jurisdictional defect
Score: 475 August 26, 2014 2014-050-043 : SUNDHEIMER v. THE STATE OF NEW YORK, # 2014-050-043, Claim No. NONE, Motion No. M-85160 M-85160
Proposed claimant moved for an order permitting leave to file a late claim. Defendant opposed the motion insofar as it sought permission to file a late claim to assert causes of action for the wrongful death of the proposed claimant's decedent. A prior motion for late claim relief was granted by Judge Sise and directed proposed claimant to file an identical claim as to the one before him. Nowhere in the papers before the Court on the present motion is a copy of the proposed claim in the related action which was under consideration by Judge Sise upon the earlier motion. The motion is denied without prejudice.
Score: 420 August 26, 2014 2014-009-030 : POLANCO v. THE STATE OF NEW YORK, # 2014-009-030, Claim No. 123819, Motion No. M-84740 M-84740
Defendant's motion to dismiss this claim seeking damages based upon allegations that claimant was improperly and negligently denied parol release was granted based upon the absolute immunity applicable to determinations of the Parole Board.