New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 648 August 7, 2014 2014-048-151 : PERRY v. THE STATE OF NEW YORK, # 2014-048-151, Claim No. 122255, Motion No. M-84113, Cross-Motion No. CM-84322 M-84113
Following an in camera inspection, the Court determined that certain portions of certain investigative and other records, as redacted, are discoverable.  
Score: 236 August 6, 2014 2014-041-047 : ANDERSON v. THE STATE OF NEW YORK, # 2014-041-047, Claim No. 122301, Motion No. M-85288 M-85288
Claimant's motion for an order granting poor person status and for appointment of counsel is denied.
Score: 600 August 5, 2014 2014-049-044 : BOVE v. THE STATE OF NEW YORK, # 2014-049-044, Claim No. 110476, Motion No. M-85163 M-85163
The court granted defendant's motion to dismiss the claim for failure to prosecute.
Score: 670 August 5, 2014 2014-041-046 : GUNN v. THE STATE OF NEW YORK, # 2014-041-046, Claim No. 119676, Motion No. M-85008, Cross-Motion No. CM-85224 M-85008
Service of inmate lost property claim upon Attorney General by regular mail more than 120 days after accrual is insufficient to obtain jurisdiction over defendant; court lacks jurisdiction to treat notice of intention to file a claim as a claim.
Score: 626 July 30, 2014 2014-018-530 : TROJAK v. STATE OF NEW YORK, # 2014-018-530, Claim No. 123951, Motion No. M-84291, Cross-Motion No. CM-95011 M-84291
Defendant's pre-answer motion to dismiss is denied; Claimant's cross motion for permission to file a late claim is denied as moot.
Score: 704 July 29, 2014 2014-040-041 : GRECO v. STATE OF NEW YORK, # 2014-040-041, Claim No. 117377 
Claim dismissed - failure to prosecute.
Score: 388 July 28, 2014 2014-048-150 : MALLOY v. THE STATE OF NEW YORK, # 2014-048-150, Claim No. 108930, Motion No. M-85291 M-85291
Score: 659 July 25, 2014 2014-049-043 : BAKALIS v. THE CITY UNIVERSITY OF NEW YORK, # 2014-049-043, Claim No. 120923, Motion No. M-85248, Cross-Motion No. CM-85309 M-85248
Defendant's motion to dismiss the claim for failure to comply with the pleading requirements of Court of Claims Act § 11(b) is denied. Claimant's cross motion to amend a typographical error is granted.
Score: 388 July 24, 2014 2014-045-502 : WEISS v. THE STATE OF NEW YORK, # 2014-045-502, Claim No. 120176 
Trip and fall on walkway near Field 2 at Jones Beach.
Score: 713 July 21, 2014 2014-040-039 : WATERS v. THE STATE OF NEW YORK, # 2014-040-039, Claim No. 123461, Motion No. M-84632, Cross-Motion No. CM-85155 M-84632
State's cross-motion to dismiss as claim untimely served is granted. Claimant's motion for summary judgment denied as moot.
Score: 475 July 21, 2014 2014-029-042 : PEARSON v. THE STATE OF NEW YORK, # 2014-029-042, Claim No. 121705 
Trip and fall claim arising at SUNY Purchase is dismissed after trial with the court finding that the pavement defect was de minimis, not atypical and thus not a dangerous condition.
Score: 555 July 21, 2014 2014-038-531 : BELL v. THE STATE OF NEW YORK, # 2014-038-531, Claim No. 118260, Motion No. M-85187 M-85187
Claimant's motion for sanctions for defendant's failure to produce documents ordered by the Court is denied. Defendant produced appropriately redacted documents in response to the motion, and has demonstrated that its failure to comply with the Court order in a timely manner was not intentional.
Score: 585 July 21, 2014 2014-048-536 : ALLEN v. THE STATE OF NEW YORK, # 2014-048-536, Claim No. 119930 
Claim for personal injuries sustained in a trip and fall dismissed after trial on liability because the State had no duty to maintain the drainage swale, where Claimant fell,  located in grassy area beyond a paved parking area on State Route 28 and, even if it did, the swale was not a dangerous condition that was the proximate cause of Claimant's injuries.
Score: 678 July 18, 2014 2014-041-042 : MOSES v. THE STATE OF NEW YORK, # 2014-041-042, Claim No. NONE, Motion No. M-85022 M-85022
Application to file late claim is granted as allegations provide cause to believe a valid wrongful confinement cause of action may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 347 July 16, 2014 2014-010-043 : JAMES v. THE STATE OF NEW YORK, # 2014-010-043, Claim No. 123856, Motion No. M-85142 M-85142
Claimant's motion for a default judgment denied, defendant filed its answer.
Score: 757 July 15, 2014 2014-018-524 : GOCHNOUR v. STATE OF NEW YORK, # 2014-018-524, Claim No. 123855, Motion Nos. M-84695, M-85204 M-84695, M-85204
Claimant's late claim motion (M-84695) is denied. Defendant's motion (M-85204) is granted, the claim is dismissed pursuant to sections 10 and 11 of the Court of Claims Act.
Score: 498 July 15, 2014 2014-040-037 : FINCHER v. THE STATE OF NEW YORK, # 2014-040-037, Claim No. 123620, Motion No. M-84807 M-84807
Claimant's motion to compel a response to the notice to produce granted in part and denied in part.
Score: 659 July 15, 2014 2014-018-525 : BICKHAM v. STATE OF NEW YORK, # 2014-018-525, Claim No. 116038, 116114, Motion Nos. M-84974, M-85180, M-85181 M-84974, M-85180, M-85181
Claims dismissed pursuant to Court of Claims Act sections 10 and 11.
Score: 570 July 14, 2014 2014-049-040 : SIMPSON v. THE STATE OF NEW YORK, # 2014-049-040, Claim No. 117146, Motion No. M-85007 M-85007
Inmate's motion for leave to renew the trial decision dismissing his claim is denied. To the extent the application can be construed as one for a new trial pursuant to CPLR 4404(b), it is denied as untimely and meritless.
Score: 475 July 14, 2014 2014-049-041 : GAULT v. CHIEF JUDGE LORETTA A. PRESKA, SOUTHERN DISTRICT, CHIEF JUDGE GARY SHARP, NORTHERN DISTRICT, JUDGE NORMAN MORDUE, NORTHERN DISTRICT, # 2014-049-041, Claim No. 124167, Motion No. M-85119 M-85119
The Court granted defendant's motion to dismiss a claim that makes allegations against various federal judges.
Score: 449 July 11, 2014 2014-028-516 : GRESSLER v. THE STATE OF NEW YORK, # 2014-028-516, Claim No. 124165, Motion No. M-85071 M-85071
Inmate Claimant whose application for reduction of a filing fee is denied cannot make use of the provisions of CPLR 1101(f)(2), which allows for payment of a reduced filing fee in installments.
Score: 704 July 11, 2014 2014-028-517 : LEWIS v. THE STATE OF NEW YORK, # 2014-028-517, Claim No. 123159, Motion No. M-84252 M-84252
Claimant's motion for leave to file a late claim was denied as Claimant failed to assert a reasonable excuse for failing to timely file a claim and the allegations are of questionable merit. After trial, Claimant's medical malpractice claim was dismissed where Claimant neglected to offer expert medical evidence in support of his claim.
Score: 420 July 11, 2014 2014-028-523 : BACKMAN v. THE STATE OF NEW YORK, # 2014-028-523, Claim No. 123925, Motion No. M-84820 M-84820
Score: 299 July 11, 2014 2014-028-524 : GRAZIOSI v. THE STATE OF NEW YORK, # 2014-028-524, Claim No. 123837, Motion No. M-84750 M-84750
Claim dismissed because it did not meet the pleading requirements of section 11(b) of the Court of Claims Act.
Score: 475 July 11, 2014 2014-040-036 : ROCKENSTIRE v. THE STATE OF NEW YORK, # 2014-040-036, Claim No. 120258, Motion No. M-84797 M-84797
Claimant motorcyclist's motion seeking summary judgment as to liability regarding improper maintenance of roadway granted.
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: 420 July 10, 2014 2014-040-034 : LOPEZ v. STATE OF NEW YORK, # 2014-040-034, Claim No. 123923, Motion No. M-85168 M-85168
Score: 475 July 10, 2014 2014-029-038 : DAVIS v. THE STATE OF NEW YORK, # 2014-029-038, Claim No. 116916 
Court awards 725,000 dollars damages to inmate who was the victim of an unprovoked assault at the hands of a correction officer and lost an eye that had been surgically repaired at State expense as a result.
Score: 299 July 9, 2014 2014-050-038 : LEWIS v. THE STATE OF NEW YORK, # 2014-050-038, Claim No. 123066, Motion No. M-84920 M-84920
Inmate seeks damages for the asserted value of his lost personal property.
Score: 613 July 9, 2014 2014-049-039 : JOYNER-PACK v. THE STATE OF NEW YORK, # 2014-049-039, Claim No. 116582 
Score: 236 July 8, 2014 2014-018-523 : AVILES v. STATE OF NEW YORK, # 2014-018-523, Claim No. 120106, Motion No. M-84972 M-84972
Claimant has failed to meet his burden to show his entitlement to judgment as a matter of law and his motion must be denied.
Score: 893 July 8, 2014 2014-032-120 : WATKINS v. THE STATE OF NEW YORK, # 2014-032-120, Claim No. 123541-A, Motion Nos. M-84353, M-84743 M-84353, M-84743
The Court grants defendant's motion to dismiss the claim as untimely and denies claimant's motion for late claim relief on the basis that there was no excuse for the delay in filing and there is no merit to the claim, which alleges that claimant was wrongfully terminated from his employment with the New York State Office of Information Technology Services, allegedly in violation of the Americans with Disabilities Act of 1990 and the Family and Medical Leave Act.
Score: 475 July 8, 2014 2014-018-522 : McRAE v. STATE OF NEW YORK, # 2014-018-522, Claim No. 123943, Motion No. M-85067 M-85067
Claimant's motion to amend claim is denied. See Uniform Rules for the Court of Claims [22 NYCRR] § 206.7 [b]).
Score: 449 July 7, 2014 2014-018-521 : GARCIA v. STATE OF NEW YORK, # 2014-018-521, Claim No. 122086, Motion No. M-84937 M-84937
Claimant's leave to amend complaint is denied as it relates only to the extent of damages which may be presented at trial.
Score: 420 July 7, 2014 2014-009-025 : GARDNER v. THE STATE OF NEW YORK, # 2014-009-025, Claim No. 119681, Motion No. M-83743 M-83743
Defendant's motion seeking to dismiss the claim based upon claimant's failure to establish a
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
Claimant's motion for an order appointing a dental expert pursuant to CPLR 3036 (2) in dental malpractice claim is denied.
Score: 648 July 2, 2014 2014-009-022 : HARRISON v. THE STATE OF NEW YORK, # 2014-009-022, Claim No. NONE, Motion No. M-84595 M-84595
Claimant's application seeking permission to serve and file a late claim was granted with respect to causes of action for false arrest and imprisonment and malicious prosecution, but was denied for causes of action based upon allegations of defamation and negligence.
Score: 555 July 2, 2014 2014-009-021 : DEWITT v. THE STATE OF NEW YORK, # 2014-009-021, Claim No. 116259, Motion No. M-84590 M-84590
Claimant's motion seeking an extension of time in which to file a notice of appeal was denied.
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: 388 July 1, 2014 2014-041-039 : WILSON v. THE STATE OF NEW YORK, # 2014-041-039, Claim No. 123578, Motion No. M-84834, Cross-Motion No. CM-84943 M-84834
Claimant's motion for summary judgment is denied where claimant fails to attach pleadings to motion papers; Defendant's cross-motion to dismiss is granted on ground that claim was served upon Attorney General by regular mail and service was insufficient to obtain jurisdiction over defendant.
Score: 537 July 1, 2014 2014-029-032 : RAMSEY v. THE STATE OF NEW YORK, # 2014-029-032, Claim No. 119144 
Where an inmate follows the DOCCS property claim procedure and is offered a lesser amount than what he asks for, and then files a claim in the Court of Claims and is thus not paid the amount that DOCCS has determined he is owed, the claimant, having established liability in this court, is absolutely entitled to a judgment for the amount that was offered by DOCCS even though he cannot obtain any more because proof of damages was lacking. The DOCCS offer is sufficient proof of damages, and any holding to the contrary would constitute an unwarranted penalty for the exercise of the inmate's rights.
Score: 600 July 1, 2014 2014-032-119 : McCALL v. STATE OF NEW YORK, # 2014-032-119, Claim No. 121629, Motion No. M-83951 M-83951
Court grants defendant's motion for summary judgment on the basis that the Court does not have subject matter jurisdiction over the claim which alleges unlawful confinement.
Score: 347 July 1, 2014 2014-009-026 : LA CLAIR v. THE STATE OF NEW YORK, # 2014-009-026, Claim No. 119735, Motion No. M-84463 M-84463
Defendant's motion to dismiss the claim based upon immunity and no special duty of care was denied.
Score: 449 June 30, 2014 2014-028-515 : ROLLS v. THE STATE OF NEW YORK, # 2014-028-515, Claim No. 119923, Motion No. M-84473 M-84473
Claimant's motion for summary judgment is denied as there are questions of fact as to whether Defendant's negligence was the sole proximate cause of the accident and whether Claimant's alleged negligence contributed to the accident.
Score: 475 June 30, 2014 2014-045-500 : DANIELLO v. THE STATE OF NEW YORK, # 2014-045-500, Claim No. 116650 
Labor Law trial, 241(6) only, violation of 12 NYCRR 23-9.5(g), inaudible back-up alarm.
Score: 919 June 30, 2014 2014-049-038 : RETAMOZZO v. THE CITY UNIVERSITY OF NEW YORK, # 2014-049-038, Claim No. 117644, Motion No. M-82558, Cross-Motion No. CM-82910 M-82558
Granting defendant's motion to dismiss claim against CUNY as untimely, supported by insufficient allegations and/or improperly served.
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: 570 June 26, 2014 2014-009-102 : SMILEY v. THE STATE OF NEW YORK, # 2014-009-102, Claim No. 116640 
The Court found the State 50% liable for injuries suffered by claimant in a slip and fall which occurred at University Hospital in Syracuse.
Score: 537 June 26, 2014 2014-018-520 : KNIGHTON v. STATE OF NEW YORK, # 2014-018-520, Claim No. 119005