New York State Court of Claims

New York State Court of Claims

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Score: 600 January 11, 2016 2016-032-107 : COLLINS v. THE STATE OF NEW YORK, # 2016-032-107, Claim No. 123341, Motion No. M-86845, Cross-Motion No. CM-87144 M-86845
Score: 475 January 7, 2016 2016-016-005 : MATTEI v. THE STATE OF NEW YORK, # 2016-016-005, Claim No. 125406, Motion No. M-87423 M-87423
Score: 236 January 5, 2016 2016-016-004 : KNIGHT v. THE STATE OF NEW YORK, # 2016-016-004, Claim No. 124837, Motion No. M-87449 M-87449
Score: 388 January 5, 2016 2016-040-001 : ANDINO v. THE STATE OF NEW YORK, # 2016-040-001, Claim No. 125361, Motion No. M-87543 M-87543
Motion to amend Claim denied as proposed Amended Claim not submitted. New causes of action to be added accrued well after cause of action in Claim and not related to original Claim.
Score: 518 December 21, 2015 2015-040-065 : JOHNSON v. THE STATE OF NEW YORK, # 2015-040-065, Claim No. 126452, Motion No. M-87529 M-87529
Claimant's discovery motion granted in part.
Score: 659 December 21, 2015 2015-040-062 : PORTER v. STATE OF NEW YORK, # 2015-040-062, Claim No. 119528 
Claim dismissed based upon Claimant's failure to prosecute the matter.
Score: 626 December 21, 2015 2015-040-064 : JOHNSON v. THE STATE OF NEW YORK, # 2015-040-064, Claim No. 126684, Motion No. M-87567 M-87567
Claim dismissed as it was served by 1 st class mail not by certified mail, return receipt requested, or by personal service as required by the CCA.
Score: 449 December 21, 2015 2015-015-109 : WILLIAMS v. THE STATE OF NEW YORK, # 2015-015-109, Claim No. NONE, Motion No. M-87375 M-87375
Application for late claim relief was denied as untimely.
Score: 537 December 21, 2015 2015-015-113 : ALEJANDRO v. THE STATE OF NEW YORK, # 2015-015-113, Claim No. 125769, Motion No. M-87253 M-87253
Claimant's motion to extend his time to serve a claim nunc pro tunc pursuant to CPLR 2005 was denied.
Score: 704 December 21, 2015 2015-040-063 : KINLOCK v. THE STATE OF NEW YORK, # 2015-040-063, Claim No. 121936 
Claim dismissed based upon Claimant's failure to prosecute the matter.
Score: 498 December 16, 2015 2015-009-035 : McGEE v. THE STATE OF NEW YORK, # 2015-009-035, Claim No. 124665, Motion No. M-85549 M-85549
Defendant's motion to dismiss the claim based on an alleged failure to comply with the pleading requirements of § 11 (b) was denied.
Score: 420 December 15, 2015 2015-015-104 : ABREU v. THE STATE OF NEW YORK, # 2015-015-104, Claim No. 124227, Motion No. M-87382 M-87382
Motion for the assignment of counsel was denied.
Score: 299 December 15, 2015 2015-015-105 : ABREU v. THE STATE OF NEW YORK, # 2015-015-105, Claim No. 125123, Motion No. M-87381 M-87381
Motion to compel discovery was denied because it was not preceded by a notice for discovery.
Score: 236 December 15, 2015 2015-015-107 : ABREU v. THE STATE OF NEW YORK, # 2015-015-107, Claim No. 124309, Motion No. M-87171 M-87171
Motion to compel discovery served simultaneously with a discovery demand was denied.
Score: 570 December 9, 2015 2015-038-582 : DIXON v. THE STATE OF NEW YORK, # 2015-038-582, Claim No. 125858, Motion No. M-87033, Cross-Motion No. CM-87132 M-87033
Claimant's motion for various forms of relief denied. Service of the claim by other than CMRRR divests the Court of jurisdiction, and the Court is without power to
Score: 388 December 8, 2015 2015-047-128 : BUSTAMANTE v. THE STATE OF NEW YORK and THE CITY UNIVERSITY OF NEW YORK, # 2015-047-128, Claim No. 124173, Motion No. M-86902, Cross-Motion No. CM-87081 M-86902
Claimants allege personal injuries and the deprivation of services as a result of Bustamante being struck by the bicycle of a campus bicycle patrol officer on the grounds of Lehman College. Claimants moved for summary judgment. Summary judgment was denied, as there are issues as to whether both Bustamante and Liz acted reasonably, and Bustamante has not shown herself to be free of comparative fault. The State of New York cross-moved to be dismissed, without objection, as it is not a proper defendant. The cross-motion was granted, as the State is not liable for an injury which took place on the campus of Lehman College.
Score: 236 December 7, 2015 2015-015-102 : ABREU v. THE STATE OF NEW YORK, # 2015-015-102, Claim No. 124341, Motion No. M-87170 M-87170
Motion to compel discovery was not preceded by service of a demand.
Score: 498 December 7, 2015 2015-032-006 : ZAIRE v. THE STATE OF NEW YORK, # 2015-032-006, Claim No. 121830 
Score: 420 December 7, 2015 2015-015-098 : BETHUNE v. THE STATE OF NEW YORK, # 2015-015-098, Claim No. 125637, Motion No. M-87167, Cross-Motion No. CM-87265 M-87167
Claimant alleged that certain regulatory violations in the conduct of a prison disciplinary hearing warranted damages for wrongful confinement to the Special Housing Unit. He also sought damages  for the period he was imprisoned beyond his conditional release date.    The Court held that although the alleged regulatory violations warranted annulment of the Hearing Officer's guilty determination, claimant's confinement to the Special Housing Unit was privileged because the regulatory violations did not constitute violations of a constitutionally required due process safeguard (citing Wolff v McDonnell , 418 US 539 [1974]). To the extent claimant sought damages for his imprisonment beyond his conditional release date, however, partial summary judgment in his favor was warranted because the loss of his good behavior time allowance was not one of the penalties imposed by the Hearing Officer.
Score: 537 December 3, 2015 2015-047-127 : NERVIL/NOEL v. THE STATE OF NEW YORK, # 2015-047-127, Claim No. 124295, Motion No. M-86602, Cross-Motion No. CM- 87470 M-86602
Claimants allege negligence by SUNY Downstate Medical Center in the diagnosis and treatment of Noel during her pregnancy and labor, and allege the hospital disposed of the remains of their stillborn child without claimants' permission. The State of New York filed a motion to (1) dismiss the Claim in its entirety on the ground that the claimants failed to produce court-ordered discovery; (2) dismiss the claims of claimant Nervil, for lack of standing; and (3) dismiss the Claim as far as it seeks punitive damages, as this court lacks jurisdiction to grant such damages against the State. Claimants opposed and cross-moved to compel the production of certain documents and to either strike the State's answer or grant claimants summary judgment based on the State's alleged spoliation of evidence. The State's motion to dismiss the Claim in its entirety was denied and additional instructions for discovery were provided. The State's motion to dismiss claimant Nervil was also denied, as affidavits provided sufficient allegations to support his claim at this stage. The State's motion to dismiss the portion of the Claim seeking punitive damages was granted, as such relief was not available. The claimants' cross-motion to compel production was granted, but as far as the cross-motion sought summary judgment, or the striking of the State's Answer, the cross-motion was denied.
Score: 299 December 3, 2015 2015-015-101 : LEWIS v. THE STATE OF NEW YORK, # 2015-015-101, Claim No. 123684, Motion No. M-87045 M-87045
Claimant's motion for summary judgment on his causes of action for medical malpractice and medical negligence was denied. Motion was unsupported by expert medical evidence.
Score: 475 December 3, 2015 2015-015-100 : PINHEIRO v. THE STATE OF NEW YORK, # 2015-015-100, Claim No. 124172, Motion No. M-87227 M-87227
Counsel's motion to withdraw as counsel for the claimant was granted subject to compliance with certain conditions.
Score: 613 December 2, 2015 2015-040-061 : FLEMMING v. STATE OF NEW YORK, # 2015-040-061, Claim No. 119317 
Court finds Claimant failed to establish by a preponderance of the credible evidence his claims for assault and excessive force by correction officers.
Score: 600 November 30, 2015 2015-016-075 : MANKO v. THE STATE OF NEW YORK, # 2015-016-075, Claim No. 124918 
Score: 347 November 25, 2015 2015-016-073 : HURLEY v. THE STATE OF NEW YORK, # 2015-016-073, Claim No. 126558, Motion No. M-87405 M-87405
Score: 236 November 24, 2015 2015-041-074 : CRENSHAW v. THE STATE OF NEW YORK, # 2015-041-074, Claim No. 122840, Motion No. M-87439 M-87439
Claimant's second motion for summary judgment in dental malpractice action is denied where claimant offers no newly discovered evidence or other sufficient cause to warrant consideration of multiple summary judgment motions and submits no admissible expert dental proof in support of allegations of dental malpractice.
Score: 637 November 24, 2015 2015-040-060 : WALKER v. STATE OF NEW YORK, # 2015-040-060, Claim No. 126128, Motion No. M-87320 M-87320
State's motion to dismiss bailment claim as untimely denied.
Score: 585 November 23, 2015 2015-032-038 : COLLINS v. THE STATE OF NEW YORK, # 2015-032-038, Claim No. 120207, Motion No. M-86992 M-86992
Score: 449 November 23, 2015 2015-032-037 : ROBINSON v. THE STATE OF NEW YORK, # 2015-032-037, Claim No. 119225, Motion No. M-86993 M-86993
Score: 613 November 23, 2015 2015-016-072 : MORRISON-ALLEN v. THE STATE OF NEW YORK, # 2015-016-072, Claim No. 126511, Motion No. M-87285 M-87285
Score: 347 November 23, 2015 2015-040-059 : MELETTE v. THE STATE OF NEW YORK, # 2015-040-059, Claim No. 123974, Motion No. M-87051 M-87051
Claimant's third motion for summary judgment regarding this Claim denied.
Score: 856 November 23, 2015 2015-047-125 : CRYSTAL RUN ASSOCIATES, LLC v. THE STATE OF NEW YORK, # 2015-047-125, Claim No. 119904 
Claimant sought damages from the appropriation of property by the State. Claimant sought direct and severance damages, maintaining the remainder proceeds were landlocked, and thus rendered worthless by the taking. After a trial, the Court found that access to the remainder was superior to the access prior to the taking, and so denied severance damages. The Court then analyzed the comparable sales suggested by the parties and arrived at the amount of direct damages due to the Claimant.
Score: 498 November 19, 2015 2015-030-019 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2015-030-019, Claim No. 120665 
State of New York 100% liable for defective maintenance on Sprain Brook Parkway. Failed to adequately assess hazards of roadway with regard to all foreseeable users, including motorcyclists. State had actual notice of defective condition, and failed to make appropriate repair.
Score: 585 November 18, 2015 2015-040-058 : WRIGHT v. STATE OF NEW YORK, # 2015-040-058, Claim No. NONE, Motion No. M-87301 M-87301
Motion to late file a Claim pursuant to CCA § 10(6) denied as lacking appearance of merit as Claim accrued at Rensselaer County Correctional Facility, not a State owned or operated facility.
Score: 728 November 17, 2015 2015-029-086 : SUTHERLAND v. THE STATE OF NEW YORK, # 2015-029-086, Claim No. 120973 
Claimant lost control of his motorcycle after hitting a traffic cone on the Taconic. The cone had fallen off a DOT truck then been hit by a car before it caused claimant to crash. The claim sought economic damages, and damages for injuries and pain and suffering. A trial on damages followed the court's prior decision finding defendant liable, and claimant was awarded $974,682.06 for past and future damages, with interest. The court then stayed the judgment until completion of a structured judgment pursuant to CPLR Article 50-B.
Score: 537 November 16, 2015 2015-041-073 : BRADY v. THE STATE OF NEW YORK, # 2015-041-073, Claim No. NONE, Motion No. M-87204, Cross-Motion No. CM-87363 M-87204
Application to file and serve a claim, made by claimant permanently enjoined from commencing legal action without judicial permission, is denied where proposed claim repeats allegations previously found to lack legal merit; claimant's application for sanctions is denied.
Score: 518 November 13, 2015 2015-015-095 : HILL v. THE STATE OF NEW YORK, # 2015-015-095, Claim No. 126390, Motion No. M-87018 M-87018
Motion for the assignment of counsel was denied.
Score: 585 November 12, 2015 2015-016-070 : GUIDEONE v. NEW YORK STATE INSURANCE FUND, # 2015-016-070, Claim No. None, Motion No. M-87235 M-87235
Score: 498 November 10, 2015 2015-015-093 : RAMOS v. THE STATE OF NEW YORK, # 2015-015-093, Claim No. None, Motion No. M-87010 M-87010
Application for late claim relief was denied as intentional tort claims were time-barred and the movant failed to establish the potential merit of his medical negligence/malpractice causes of action.
Score: 475 November 10, 2015 2015-030-018 : PEREZ v. THE STATE OF NEW YORK, # 2015-030-018, Claim No. 121068 
State of New York was 100% responsible for negligence of State Trooper who struck pedestrian in crosswalk. Trooper not engaged in emergency operation. Pedestrian claimant sufficiently exercised reasonable care, and was not required to perpetually look for traffic, particularly since she had almost completely traversed the crosswalk at the time she was hit.
Score: 236 November 10, 2015 2015-015-091 : ABREU v. THE STATE OF NEW YORK, # 2015-015-091, Claim No. 120359, Motion Nos. M-86979, M-87345 M-86979, M-87345
Claimant's motion to compel discovery was denied and defendant's motion for summary judgment dismissing bailment claim was granted.
Score: 555 November 9, 2015 2015-018-655 : RINGROSE v. STATE OF NEW YORK, # 2015-018-655, Claim No. NONE, Motion No. M-87214 M-87214
Motion for late claim denied.
Score: 626 November 4, 2015 2015-018-653 : RIVERA v. STATE OF NEW YORK, # 2015-018-653, Claim No. NONE, Motion No. M-86931 M-86931
Claimant's motion for permission to file a late claim is denied, and his motion to proceed as a poor person is denied as moot.
Score: 449 October 30, 2015 2015-051-503 : NELSON v. STATE OF NEW YORK, # 2015-051-503, Claim No. 121031 
Claimant failed to establish by a preponderance of the evidence at trial that the loud noise created by a heavy metal door closing constituted a dangerous condition. Nor did claimant provide an expert medical opinion that his hearing loss was due to the alleged dangerous condition or that the time it took the defendant to provide him with hearing aids constituted a deviation from accepted medical practice.
Score: 236 October 29, 2015 2015-015-084 : RAMDHANI v. THE STATE OF NEW YORK, # 2015-015-084, Claim No. 125354, Motion No. M-86908 M-86908
Defendant's motion for summary judgment dismissing bailment claim was denied.
Score: 475 October 29, 2015 2015-047-134 : CAPERS v. THE STATE OF NEW YORK, ET AL., # 2015-047-134, Claim No. 124877 None
Claimants sought medical records of non-party assailant from the third party's treatment during his incarceration. Defendant withheld certain documents as the non-party's privileged medical records.  Claimants requested an in camera review by the Court of the withheld documents.  As the medical records are protected and as Claimants provided no case law to support their argument that the interest of justice outweighs the need for confidentiality, and as it undisputed that all non-privileged documents have been already produced, Claimants' request was denied.
Score: 388 October 29, 2015 2015-041-072 : QUINN v. THE STATE OF NEW YORK, # 2015-041-072, Claim No. 124561, Motion No. M-87055 M-87055
Claimant's motion for summary judgment in wrongful confinement action based upon disciplinary determination which was administratively reversed 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; specifically, issues of fact exist as to whether claimant suffered prejudice at the disciplinary hearing due to defendant's violation of disciplinary hearing regulation.
Score: 613 October 28, 2015 2015-041-071 : BARFIELD v. THE STATE OF NEW YORK, # 2015-041-071, Claim No. NONE, Motion No. M-87208 M-87208
Application to file late claim alleging negligence and medical malpractice is denied where medical malpractice cause of action is barred by CPLR Article 2 and proposed claim fails to state and particularize nature of negligence cause of action.
Score: 518 October 28, 2015 2015-016-064 : McCAIN v. THE STATE OF NEW YORK, # 2015-016-064, Claim No. 119561, Motion No. M-86950 M-86950
Score: 388 October 28, 2015 2015-041-068 : CURTIS v. THE STATE OF NEW YORK, # 2015-041-068, Claim No. 124592, Motion No. M-87377 M-87377
Claimant's motion for an order compelling discovery is denied where claimant failed to first seek disclosure by notice or stipulation as set forth in CPLR 3102.