New York State Court of Claims

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	May 6, 2013	2013-041-024 : DORSEY v. THE STATE OF NEW YORK, # 2013-041-024, Claim No. 118859-A, Motion No. M-83051 M-83051 Claim served by regular mail is dismissed.
	May 6, 2013	2013-041-022 : BEECH v. THE STATE OF NEW YORK, # 2013-041-022, Claim No. 122421, Motion No. M-83227 M-83227 Motion to dismiss claim alleging that correction officer assaulted claimant is granted where statute of limitations has expired and claim was not served within ninety days of accrual.
	May 6, 2013	2013-041-023 : VELASQUEZ v. THE STATE OF NEW YORK, # 2013-041-023, Claim No. 116694, Motion No. M-83196 M-83196 Claim alleging that defendant unlawfully confined claimant by adding term of post-release supervision to claimant's criminal sentence is dismissed for failure to state a cause of action.
	May 6, 2013	2013-032-015 : WIGFALL v. THE STATE OF NEW YORK, # 2013-032-015, Claim No. 119411, Motion No. M-82849, Cross-Motion No. CM-83023 M-82849
	May 2, 2013	2013-048-093 : FABIAN v. THE STATE OF NEW YORK, # 2013-048-093, Claim No. 120100, Motion No. M-82826, Cross-Motion No. CM-82855 M-82826 The Court granted Defendant's cross motion seeking dismissal of 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).
	May 1, 2013	2013-041-021 : ARCE v. THE STATE OF NEW YORK, # 2013-041-021, Claim No. 121962, Motion Nos. M-82872, M-82958, M-82959, Cross-Motion No. CM-82873 M-82872, M-82958, M-82959 Defendant's cross-motion to dismiss claim is granted where service of verified claim upon Attorney General by regular mail, following Attorney General's prompt rejection of unverified claim served by certified mail, is insufficient to obtain jurisdiction over defendant.
	April 25, 2013	2013-041-020 : BURDICK v. THE STATE OF NEW YORK, # 2013-041-020, Claim No. 119943, Motion Nos. M-82700, M-82763 M-82700, M-82763 Claimant's motion to amend claim to clarify causes of action for negligence and defamation is granted where defendant has not shown that prejudice would result from amendment of claim; claimant's motion to compel disclosure is denied with leave to renew after filing and service of amended pleadings.
	April 22, 2013	2013-038-523 : LOGAN v. THE STATE OF NEW YORK, # 2013-038-523, Claim No. 121827, Motion No. M-83100, Cross-Motion No. CM-83110 M-83100 Defendant's cross motion to dismiss claim granted. Claim was served on Attorney General by ordinary mail, not certified mail, return receipt requested. Jurisdictional defect cannot be overcome by claimant's assertions of actual notice and lack of prejudice.
	April 22, 2013	2013-048-525 : CLARKE v. THE STATE OF NEW YORK, # 2013-048-525, Claim No. 115805  The Court dismissed the Claim for failure to prosecute pursuant to CPLR 3216.
	April 22, 2013	2013-038-524 : COLLAZO v. STATE OF NEW YORK and OFFICERS OF THE STATE, # 2013-038-524, Claim No. 121783, Motion No. M-83097 M-83097 Claimant's motion for appointment of counsel denied. Claimant's allegations of negligent or intentional tortious conduct by DOCCS personnel and his claim for monetary damages do not present the type of claim that warrants appointment of counsel.
	April 19, 2013	2013-028-507 : CLARK v. THE STATE OF NEW YORK, # 2013-028-507, Claim No. 121440, Motion No. M-82190, Cross-Motion No. CM-82387 M-82190 Motions for late claim granted except with respect to cause of action for intentional infliction of emotional distress; where the underlying facts are not in dispute, the motion for permission to late file need not be dismissed because there was no affidavit from someone with personal knowledge of the event.
	April 19, 2013	2013-048-092 : FAIR v. THE STATE OF NEW YORK, # 2013-048-092, Claim No. 120614, Motion No. M-83122 M-83122 Claimant's motion for summary judgment denied as he failed to establish his prima facie entitlement thereto.
	April 19, 2013	2013-041-508 : TURNER v. THE STATE OF NEW YORK, # 2013-041-508, Claim No. 121638  Claimant is awarded $229.40 for the reasonable value of lost property, including perishable food items, after trial in which the uncontroverted proof showed that claimant's property was lost while it was in defendant's custody.
	April 19, 2013	2013-028-506 : TOM MACHIN INC. v. THE STATE OF NEW YORK, # 2013-028-506, Claim No. 120999, Motion No. M-82355, Cross-Motion No. CM-82433 M-82355 Contract claim dismissed and motion for permission to late file is granted. Absence of a proposed order in the late claim application is not a fatal defect in this instance.
	April 18, 2013	2013-041-017 : BOATWRIGHT v. THE STATE OF NEW YORK, # 2013-041-017, Claim No. 122001, Motion No. M-82926 M-82926 Defendant's motion to dismiss wrongful confinement claim is granted as defendant has absolute immunity for conduct of quasi-judicial disciplinary hearing.
	April 17, 2013	2013-038-522 : STILWAGEN v. THE STATE OF NEW YORK, # 2013-038-522, Claim No. 116669, Motion No. M-82909, Cross-Motion No. CM-83035 M-82909 Claim arising from motorcycle accident on Clearview Expressway. On its motion for summary judgment, defendant did not demonstrate that it was not the owner of the roadway, and thus, it had a nondelegable duty to maintain it. Even if City of New York was responsible for maintenance of highway, liability could still attach to State by virtue of nondelegable duty. Claimant's cross motion for summary judgment denied. Claimant failed to demonstrate that the bump that caused his accident was a dangerous condition - expert's affidavit lacking in factual support. Claimant also did not demonstrate that defendant had actual or constructive notice of the defect.
	April 17, 2013	2013-010-018 : ROBERTS v. THE STATE OF NEW YORK, # 2013-010-018, Claim No. 119340, Motion No. M-83086 M-83086 Assignment of counsel denied.
	April 16, 2013	2013-029-014 : GRAVANIS v. THE STATE OF NEW YORK, # 2013-029-014, Claim No. 119968, Motion No. M-82316 M-82316 Third-party defendant insurance companys motion for summary judgment dismissing the third party claim is granted. The insurance contract provided that it did no tcover injuries to employees of the state contractor that procured the insurance and the terms of that contract are clear and unambiguous.
	April 16, 2013	2013-040-027 : JOSEPH v. THE STATE OF NEW YORK, # 2013-040-027, Claim No. 120355, Motion No. M-82976 M-82976 Claimant's motion to compel discovery denied.
	April 16, 2013	2013-038-521 : JOHNSON v. THE STATE OF NEW YORK, # 2013-038-521, Claim No. 113774, Motion No. M-82812 M-82812 Claimant's post-judgment motion pursuant to CPLR 5015 denied.
	April 16, 2013	2013-040-028 : L.L. v. THE STATE OF NEW YORK, # 2013-040-028, Claim No. NONE, Motion No. M-82418 M-82418 Motion for permission to file a late claim pursuant to CCA § 10(6) denied - lack of appearance of merit.
	April 15, 2013	2013-038-520 : ROBINSON v. THE STATE OF NEW YORK, # 2013-038-520, Claim No. 115910, Motion No. M-83090 M-83090 Pro se claimant's motion for subpoenas denied. Claimant does not seek appearance of witnesses, rather, he is incorrectly using motion for subpoena as a discovery device.
	April 15, 2013	2013-010-011 : LIBASCI v. THE NEW YORK STATE THRUWAY AUTHORITY and THE STATE OF NEW YORK , # 2013-010-011, Claim No. NONE, Motion No. M-82331 M-82331 Late claim application denied, no appearance of merit.
	April 12, 2013	2013-048-524 : NILES v. THE STATE OF NEW YORK, # 2013-048-524, Claim No. 112465
	April 9, 2013	2013-010-017 : MIOLAN v. THE STATE OF NEW YORK, # 2013-010-017, Claim No. 117951, Motion No. M-83229 M-83229 Eve of trial withdrawal of counsel in med mal case denied where purported good cause was attorney's false hope of settlement.
	April 5, 2013	2013-040-026 : BARTOMEO v. THE STATE OF NEW YORK, # 2013-040-026, Claim No. 117217  Court finds Defendant failed to promptly and properly diagnose and treat an injury to Claimant's biceps. Court awards Claimant $200,000.
	April 5, 2013	2012-028-004 : WARREN v. THE STATE OF NEW YORK, # 2012-028-004, Claim No. 112852  Defendant found not liable to Claimant for alleged medical malpractice while Claimant was in custody and control of DOCS. Evidence at trial demonstrated that Claimant underwent successful patellar tendon repair, that the repair did not fail following post-surgical physical therapy, and that there was no failure to diagnose patella alta.
	April 4, 2013	2013-009-102 : GRISTWOOD v. THE STATE OF NEW YORK, # 2013-009-102, Claim No. 114040  The Court awarded claimant the sum of $5,485,394.00 in total damages caused by his unjust conviction and imprisonment under Court of Claims Act § 8-b.
	April 3, 2013	2013-009-005 : RANDOLPH v. THE STATE OF NEW YORK, # 2013-009-005, Claim No. 116908, Motion No. M-82781 M-82781 Defendant's motion for an order dismissing the claim based upon claimant's failure to prosecute was granted pursuant to Court of Claims Act § 19 (3).
	April 3, 2013	2013-038-518 : MORRISON v. THE STATE OF NEW YORK, # 2013-038-518, Claim No. 121491, Motion No. M-82707 M-82707 Claimant's motion for summary judgment denied. The claim appears to sound in negligent infliction of emotional distress, and the emotional injuries sustained due to defendant's failure to provide clean clothes for nearly a month are not compensable damages.
	April 3, 2013	2013-040-024 : POOLE v. STATE OF NEW YORK, # 2013-040-024, Claim No. 119150, Motion No. M-82799 M-82799 Claimant's motion seeking reargument denied.
	April 3, 2013	2013-028-503 : BRADY v. STATE OF NEW YORK, # 2013-028-503, Claim No. None, Motion No. M-82319 M-82319
	April 3, 2013	2013-028-504 : HAVRILLA v. STATE OF NEW YORK, # 2013-028-504, Claim No. NONE, Motion No. M-82240 M-82240 Motion to file a late claim is denied where Movant failed to submit any supporting evidence that she was incapacitated during the period when she could have filed a timely claim and, in addition, failed to submit a physician's affidavit to establish the apparent merit of her cause of action for medical malpractice.
	April 3, 2013	2013-038-514 : MARCELO v. THE STATE OF NEW YORK, # 2013-038-514, Claim No. 120810, Motion No. M-82852 M-82852 Defendant's unopposed motion to dismiss granted. First claim served by ordinary first class mail. Second claim served by certified mail, but no return receipt was requested.
	April 3, 2013	2013-038-319 : JOHNSON v. STATE OF NEW YORK, # 2013-038-319, Claim No. 113923, Motion No. M-82939 M-82939 Claimant's post-judgment motion denied. Trial errors that are alleged by claimant occurred on defendant's case, and the claim was dismissed for failure to make a prima facie case, so any errors had no effect on the dismissal of the claim. To the extent that claimant seeks to correct the claim by adding a new cause of action, such relief is denied as unexplained and time-barred.
	April 2, 2013	2013-045-502 : RIVERA v. THE STATE OF NEW YORK, # 2013-045-502, Claim No. 120135  Clmt. tripped and fell in pothole in roadway outside of crosswalk.
	March 28, 2013	2013-018-414 : ORSO v. STATE OF NEW YORK, # 2013-018-414, Claim No. 116825, Motion No. M-82681 M-82681 The Defendant had no actual or constructive notice that the inmate would engage in a vicious attack against the claimant. Claimant failed to raise a material issue of fact. A maximum security prison facility is filled with many historically violent individuals, who engaged in heinous conduct as members of society, and many have mental health concerns, but there is simply nothing that would have alerted the State that this inmate was particularly dangerous or that Claimant was particularly in danger to prevent this assault.
	March 27, 2013	2013-010-013 : MOORE v. THE STATE OF NEW YORK, # 2013-010-013, Claim No. 119346, Motion No. M-83034 M-83034 Claim dismissed. No service on defendant.
	March 27, 2013	2013-010-012 : ROBERTS v. THE STATE OF NEW YORK, # 2013-010-012, Claim No. 119340, Motion No. M-83054 M-83054 Claim dismissed, no service on defendant.
	March 27, 2013	2013-041-016 : STRICKLAND v. THE STATE OF NEW YORK, # 2013-041-016, Claim No. 120654, Motion No. M-81905, Cross-Motion No. CM-81929 M-81905 Claimant's motion to compel production of allegedly privileged/confidential records and items in claim alleging that correction employees caused death of inmate during, or immediately after, use of force incident, is granted in part and denied in part, after in camera review of contested records and items.
	March 27, 2013	2013-010-014 : LAMAGE v. THE STATE OF NEW YORK, # 2013-010-014, Claim No. 120246  Inmate on inmate assault not foreseeable.
	March 27, 2013	2013-010-016 : RIVERA v. THE STATE OF NEW YORK, # 2013-010-016, Claim No. 119781, Motion No. M-82998 M-82998 Claim dismissed, disclosure of medical records authorized.
	March 27, 2013	2013-010-015 : WATSON v. THE STATE OF NEW YORK, # 2013-010-015, Claim No. 119880, Motion No. M-83038 M-83038 Claim dismissed, wrongful confinement claim not timely commenced.
	March 25, 2013	2013-038-517 : FAULK v. THE STATE OF NEW YORK, # 2013-038-517, Claim No. 120194, Motion No. M-82724 M-82724
	March 25, 2013	2013-010-009 : NICHOLSON v. THE STATE OF NEW YORK, # 2013-010-009, Claim No. 122065, Motion No. M-83058 M-83058 Motion to amend claim granted. Defendant has not shown any prejudice.
	March 25, 2013	2013-010-010 : LEWIS v. THE STATE OF NEW YORK, # 2013-010-010, Claim No. 118797, Motion No. M-83037 M-83037 Defective notice of intention, claim dimissed.
	March 25, 2013	2013-040-021 : AVINCOLA v. THE STATE OF NEW YORK, # 2013-040-021, Claim No. 113049  Court finds Claimant failed to establish that Defendant improperly provided dental care and treated him without informed consent.
	March 25, 2013	2013-038-516 : HENRY v. THE STATE OF NEW YORK, # 2013-038-516, Claim No. 120014, Motion No. M-82738 M-82738 Claimant's motion to compel responses to demand to produce granted; motion to compel responses to interrogatories denied as moot.
	March 25, 2013	2013-045-501 : SABINO v. THE STATE OF NEW YORK, # 2013-045-501, Claim No. 117190  motor vehicle struck
	March 22, 2013	2013-010-004 : HUSTON v. THE STATE OF NEW YORK, # 2013-010-004, Claim No. 120414, Motion Nos. M-82865, CM-82929 M-82865, CM-82929 Claim dismissed, no jurisdiction to hear federal claims.