New York State Court of Claims

New York State Court of Claims

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Score: 648 December 11, 2014 2014-018-546 : HINES v. STATE OF NEW YORK, # 2014-018-546, Claim No. NONE, Motion No. M-85579 M-85579
Permission to file late claim granted.
Score: 537 December 11, 2014 2014-040-054 : ROCKENSTIRE v. THE STATE OF NEW YORK, # 2014-040-054, Claim No. 120258, Motion No. M-85658 M-85658
State's motion seeking reargument of summary judgment motion denied.
Score: 388 December 10, 2014 2014-041-073 : MOSBY v. THE STATE OF NEW YORK, # 2014-041-073, Claim No. 115977, Motion No. M-85638 M-85638
Claimant's motion for an order permitting service of a notice to admit is denied because claimant may seek disclosure on notice without leave of court as set forth in CPLR 3102.
Score: 347 December 9, 2014 2014-010-087 : HERNANDEZ v. THE STATE OF NEW YORK, # 2014-010-087, Claim No. 123293, Motion No. M-85620 M-85620
Claimant's motion for summary judgment denied, numerous issues of material fact which require a trial. Inmate on inmate assault
Score: 236 December 8, 2014 2014-041-071 : BEECH v. THE STATE OF NEW YORK, # 2014-041-071, Claim No. 122316, Motion No. M-85716 M-85716
Claimant's motion to strike defendant's answer and dismiss its defenses is denied where claimant fails to provide copies of pleadings and where claimant fails to show that the defenses lack merit as a matter of law.
Score: 613 December 4, 2014 2014-041-070 : ROBEDEE v. THE STATE OF NEW YORK, # 2014-041-070, Claim No. 124807, Motion No. M-85636 M-85636
Claim alleging that police officer forced claimant/vehicle operator to wear seatbelt that limited claimant's vision while driving, thereby causing claimant's automobile accident, is dismissed for failure to state a cause of action and failure to comport with the pleading requirements of Court of Claims Act 11 (b).
Score: 388 December 3, 2014 2014-041-069 : HARVEY v. THE STATE OF NEW YORK, # 2014-041-069, Claim No. 124623, Motion No. M-85673 M-85673
Motion to dismiss claim alleging that correction officers assaulted claimant is granted where claim was not served within time period set forth in Court of Claims Act 10 (3-b).
Score: 388 December 2, 2014 2014-045-504 : GUASTELLA v. THE STATE OF NEW YORK, # 2014-045-504, Claim No. 120704 
Trip and fall on an exterior staircase at Stony Brook University Hospital.
Score: 388 December 2, 2014 2014-041-510 : FOSTER v. THE STATE OF NEW YORK, # 2014-041-510, Claim No. 117059 
Inmate/claimant failed to prove by a preponderance of the credible evidence at trial that defendant wrongfully confined him in Involuntary Protective Custody (IPC) on two separate occasions where proof showed that defendant complied with applicable hearing rules and regulations in the first instance and further showed that claimant was not confined to IPC during the second alleged time period.
Score: 722 November 25, 2014 2014-029-054 : 292 PIERMONT, LLC v. THE STATE OF NEW YORK, # 2014-029-054, Claim No. None SP-169
The court grants petitioner's application in full, directing defendant to pay the advance payment to claimant and finding that the deposit of the advance payment into an Eminent Domain account was not authorized by statute and that the deposit did not serve to suspend defendant's obligation to pay statutory interest on the amount that defendant determined represented the fair market value of the appropriated property.
Score: 299 November 25, 2014 2014-010-076 : ABRAHAM v. THE STATE OF NEW YORK, # 2014-010-076, Claim No. 123305, Motion No. M-85377 M-85377
Claimant's motion for summary judgment granted, wrongful confinement case.
Score: 648 November 24, 2014 2014-039-435 : QUEZADA v. STATE OF NEW YORK, # 2014-039-435, Claim No. NONE, Motion No. M-85612 M-85612
Movant's motion for leave to file a late claim is denied without prejudice. Movant failed to submit a proposed claim that contained all of the information set forth in Court of Claims Act 11(b).
Score: 696 November 21, 2014 2014-039-434 : WILLIAMS v. STATE OF NEW YORK, # 2014-039-434, Claim No. 119417, Motion No. M-85573 M-85573
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. In addition, the claim is untimely, as the claim was not filed and served within 90 days of accrual, and there is no proof that claimant served a notice of intention to file a claim within 90 days of accrual.
Score: 626 November 21, 2014 2014-039-433 : McCOY v. STATE OF NEW YORK, # 2014-039-433, Claim No. 121874, Motion No. M-85555 M-85555
Defendant's motion to dismiss the claim is granted. Claimant failed to serve a copy of the claim upon the Attorney General's Office.
Score: 555 November 20, 2014 2014-044-568 : JOHNSON v. THE STATE OF NEW YORK, # 2014-044-568, Claim No. 112350, Motion No. M-85740 M-85740
Defendant moves for summary judgment in inmate claimant's claim for assault and for certain disciplinary actions. Defendant's motion was granted, as claimant failed to state a cause of action for assault, and the appropriate remedy for the complained-of disciplinary actions was through the mechanism of an Article 78 proceeding.
Score: 600 November 20, 2014 2014-040-050 : WALDMAN v. THE STATE OF NEW YORK, # 2014-040-050, Claim No. 122948, Motion No. M-85380 M-85380
Claimant's motion to compel Defendant to further answer interrogatories denied.
Score: 570 November 20, 2014 2014-045-031 : THE FAIRCHILD CORPORATION v. THE STATE OF NEW YORK, # 2014-045-031, Claim No. 120486, Motion No. M-85193 M-85193
Defendant's motion to dismiss the claim since it was not served nor filed within six months of the accrual date as required by Court of Claims Act 10 (4).
Score: 713 November 19, 2014 2014-041-067 : BERGER v. THE STATE OF NEW YORK, # 2014-041-067, Claim No. 124532, Motion No. M-85403 M-85403
Defendant's motion to dismiss claim is granted where Court of Claims lacks subject matter jurisdiction over challenge to administrative acts and/or omissions of state agency and where claimants' CPLR Article 14 contribution and/or indemnification cause of action alleging that defendant owes a duty to repair and maintain dam owned by claimants fails to state a cause of action.
Score: 420 November 18, 2014 2014-041-065 : PORTER v. THE STATE OF NEW YORK, # 2014-041-065, Claim No. 122901, Motion No. M-85545 M-85545
Defendant's motion to dismiss wrongful/excessive confinement claim as barred by the one-year commencement period set forth in Court of Claims Act 10 (3-b) for intentional torts and CPLR 215 (3) for false imprisonment is denied where claim expressly alleges negligence, in addition to intentional conduct, as a basis for the claim.
Score: 570 November 17, 2014 2014-018-545 : WINTER v. STATE OF NEW YORK, # 2014-018-545, Claim No. NONE, Motion No. M-85640 M-85640
Permission to file a late claim is denied.
Score: 149 November 17, 2014 2014-041-064 : NELSON v. THE STATE OF NEW YORK, # 2014-041-064, Claim No. 122493, Motion No. M-85585 M-85585
Claimant's motion to place claim on calendar and to set trial date is denied.
Score: 388 November 17, 2014 2014-041-063 : CUBINO v. THE STATE OF NEW YORK, # 2014-041-063, Claim No. NONE, Motion No. M-85552 M-85552
Application to file late claim is denied where claimant failed to serve application on Attorney General.
Score: 704 November 14, 2014 2014-018-544 : LAYOU v. STATE OF NEW YORK, # 2014-018-544, Claim No. 121264, Motion No. M-85198 M-85198
The Court of Claims is a Court of limited jurisdiction, and failure to comply with the statutory requirements demands dismissal of the claim. Claimant's motion is denied, and the Court sua sponte dismisses the claim for failure to comply with the time limitations of Court of Claims Act section 8-b (3) (c) and (7).
Score: 637 November 13, 2014 2014-018-543 : MOSBY v. STATE OF NEW YORK, # 2014-018-543, Claim No. NONE, Motion No. M-85415 M-85415
Permission to file a late claim denied.
Score: 449 November 12, 2014 2014-044-562 : RAICHLIN v. THE STATE OF NEW YORK, # 2014-044-562, Claim No. 121122, Motion No. M-85220 M-85220
Claimant has failed to state a cause of action in her claim pertaining to the termination of her employment, allegedly in retaliation for a complaint she made. Moreover, defendant has set forth a separate and independent basis for claimant's termination, and is entitled to summary judgment dismissing the claim.
Score: 449 November 10, 2014 2014-045-035 : PADGETT v. THE STATE OF NEW YORK, # 2014-045-035, Claim No. 118287 
Dismissal of the claim pursuant to CCA 19 and 22 NYCRR 206.10 (g).
Score: 687 November 7, 2014 2014-029-053 : THE OTHER HEIGHTS, LLC v. THE STATE OF NEW YORK, # 2014-029-053, Claim No. None SP-163
The court grants petitioner's application in full, directing defendant to pay the advance payment to claimant and finding that the deposit of th advance payment into an Eminent Domain account was not authorized by statute and that the deposit did not serve to suspend defendant's obligation to pay statutory interest on the amount that defendant determined represented the fair market value of the appropriated property.
Score: 770 November 6, 2014 2014-040-049 : MOORE v. STATE OF NEW YORK, # 2014-040-049, Claim No. 119589 
Court finds Claimant established Defendant failed to properly and promptly diagnose and treat an injury to his right pinkie finger. Court awards $310,000 for past and future pain and suffering.
Score: 637 November 5, 2014 2014-049-059 : FOXWORTH v. STATE OF NEW YORK, CITY OF NEW YORK, JUDGE JOHN B. LATELLA, DETECTIVE MICHAEL KELLY, DETECTIVE JASON HERNANDEZ, # 2014-049-059, Claim No. 123623, Motion No. M-85433 M-85433
On the Court's own motion, the claims are dismissed. Claimant submitted no response to the Order to Show Cause and has failed to sustain her burden of proving the claims were served upon the Attorney General in accordance with Court of Claims Act 11(a).
Score: 347 October 30, 2014 2014-048-163 : REAMES v. THE STATE OF NEW YORK, NEW YORK STATE THRUWAY AUTHORITY and NEW YORK STATE CANAL CORPORATION, # 2014-048-163, Claim No. 120260, Motion No. M-85841 M-85841
The Court granted Claimant's Motion for the issuance of a subpoena duces tecum.
Score: 518 October 29, 2014 2014-049-057 : EVANS v. BRONX COUNTY COURTHOUSE, # 2014-049-057, Claim No. 120772, Motion No. M-85383 M-85383
Score: 299 October 29, 2014 2014-044-563 : BOLLING v. THE STATE OF NEW YORK, # 2014-044-563, Claim No. 123365, Motion No. M-85564 M-85564
Inmate claimant's motion for partial summary judgment in bailment action granted to extent that defendant acknowledged its possession and loss of certain items of claimant's property.
Score: 299 October 28, 2014 2014-048-162 : HARRISON v. THE STATE OF NEW YORK, # 2014-048-162, Claim No. 123988, Motion No. M-85144 M-85144
Claimant's motion for summary judgment denied as he failed to establish his prima facie entitlement thereto.
Score: 236 October 28, 2014 2014-041-062 : BELL v. THE STATE OF NEW YORK, # 2014-041-062, Claim No. 124333, Motion Nos. M-85437, M-85438 M-85437, M-85438
Claimant's motion to compel production of records and documents in inmate-on-inmate assault claim, including inmate/assailant criminal and disciplinary records and facility misbehavior, unusual incident and use of force reports for twelve (12) year period, is denied with leave to renew.
Score: 626 October 27, 2014 2014-049-056 : MOLLO-SIANO v. THE STATE OF NEW YORK and THE CITY UNIVERSITY OF NEW YORK, # 2014-049-056, Claim No. None, Motion No. M-85283 M-85283
The Court granted claimant's application for permission to serve and file a late claim pursuant to Court of Claims Act 10(6).
Score: 613 October 27, 2014 2014-018-542 : MOSBY v. STATE OF NEW YORK, # 2014-018-542, Claim No. 121105, Motion No. M-85512 M-85512
Claimant's motion to compel the production of certain documents pursuant to CPLR 3124 is GRANTED in part and DENIED in part as more fully set forth in the Decision and Order.
Score: 744 October 27, 2014 2014-018-541 : CIERI v. STATE OF NEW YORK, # 2014-018-541, Claim No. 119736, Motion No. M-85461 M-85461
Defendant brought a motion for failure to prosecute which was granted to the extent that if Claimant does not file a note of issue or have an attorney file a notice of appearance on or before December 15, 2014, the claim will be dismissed on December 16, 2014.
Score: 388 October 24, 2014 2014-010-073 : SILER v. DEPARTMENT OF CORRECTIONS, STATE OF NEW YORK, # 2014-010-073, Claim No. 123700, Motion No. M-85488, Cross-Motion No. CM-85630 M-85488
Defendant's cross-motion to dismiss granted, defendant not served with claim.
Score: 388 October 24, 2014 2014-010-072 : SNYDER v. THE STATE OF NEW YORK, # 2014-010-072, Claim No. 122727, Motion No. M-85625, Cross-Motion No. CM-85739 M-85625
Defendant's cross-motion to dismiss granted, Notice of Intention not timely served.
Score: 347 October 24, 2014 2014-010-071 : HARVEY v. THE STATE OF NEW YORK, # 2014-010-071, Claim No. 124826, Motion No. M-85589 M-85589
Motion to dismiss granted, claim served by regular mail.
Score: 388 October 24, 2014 2014-010-070 : CHRYSLER v. THE STATE OF NEW YORK, # 2014-010-070, Claim No. 124814, Motion No. M-85600 M-85600
Motion to dismiss granted, claim not timely filed.
Score: 347 October 24, 2014 2014-010-066 : BLANCHARD v. THE STATE OF NEW YORK, # 2014-010-066, Claim No. 113562, Motion No. M-85596 M-85596
Unopposed motion to dismiss granted, claim not timely served on defendant.
Score: 347 October 24, 2014 2014-010-069 : KAZIGO v. THE STATE OF NEW YORK, # 2014-010-069, Claim No. 121551, Motion No. M-85593 M-85593
Defendant's motion to dismiss granted, Notice of Intention not timely served.
Score: 347 October 24, 2014 2014-010-067 : JOHNSON v. THE STATE OF NEW YORK, # 2014-010-067, Claim No. 120678, Motion No. M-85592 M-85592
Unopposed motion to dismiss granted, claim served by regular mail.
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: 555 October 22, 2014 2014-049-055 : JEWELL v. THE STATE OF NEW YORK, # 2014-049-055, Claim No. 124460, Motion Nos. M-85515, M-85548, M-85647 M-85515, M-85548, M-85647
Defendant's motion to dismiss inmate's claim on the grounds that it was not properly served in accordance with the Court of Claims Act is granted, and claimant's motion for the Court to accept his service of the claim by regular mail, on the ground that he has no funds in his inmate account is denied. Claimant's motion for summary judgment is denied as moot.
Score: 449 October 21, 2014 2014-044-010 : HAMILTON v. THE STATE OF NEW YORK, # 2014-044-010, Claim No. 113784 
Inmate claimant's claim for personal injuries allegedly received when he slipped and fell in his cell dismissed after trial. Claimant failed to meet his burden with regard to the allegedly dangerous condition, and established neither medical malpractice or medical negligence.
Score: 678 October 21, 2014 2014-048-161 : DAVIS v. STATE OF NEW YORK, # 2014-048-161, Claim No. None, Motion No. M-84843 M-84843
The Court granted Claimant's motion seeking permission to file a late claim pursuant to Court of Claims Act Section 10 (6).
Score: 659 October 20, 2014 2014-045-030 : REILLY v. THE STATE OF NEW YORK, # 2014-045-030, Claim No. None, Motion No. M-85305 M-85305
Late claim motion. Decedent's vehicle stuck by another vehicle on the shoulder of the Meadowbrook Parkway due to a downed merge sign.
Score: 388 October 16, 2014 2014-009-034 : ROSARIO v. THE STATE OF NEW YORK, # 2014-009-034, Claim No. 122021, Motion No. M-84916, Cross-Motion No. CM-85114 M-84916
Defendant's motion for summary judgment and claimant's cross motion for partial summary judgment based upon allegations of wrongful confinement at Auburn correctional Facility were both denied.