New York State Court of Claims

New York State Court of Claims

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Score: 637 November 29, 2018 2018-045-039 : CLARK v. THE STATE OF NEW YORK, # 2018-045-039, Claim No. 130843, Motion No. M-92458 M-92458
Defendant's motion to dismiss the claim as untimely.
Score: 347 November 15, 2018 2018-054-098 : IVANOV v. THE STATE OF NEW YORK, # 2018-054-098, Claim No. 127553, Motion No. M-92303 M-92303
Summary judgment denied in a motorcycle accident claim.
Score: 537 November 13, 2018 2018-041-073 : LORICK v. THE STATE OF NEW YORK, # 2018-041-073, Claim No. 128569, Motion No. M-92223, Cross-Motion Nos. CM-92465, CM-92507 M-92223
Claimant's motion for partial summary judgment as to defendant's liability, and defendant's cross-motion for summary judgment dismissing the claim, in inmate negligent supervision claim, are each denied where questions of fact exist as to the identity and training, if any, of fellow inmate who allegedly caused claimant's injury.
Score: 626 November 9, 2018 2018-053-011 : HUBBARD v. STATE OF NEW YORK, # 2018-053-011, Claim No. 123817 
After a bifurcated trial on the issue of liability, the Court finds that claimant failed to establish that the State asserted sufficient supervisory control to support a claim for a violation of Labor Law 200. The Court also finds that no violation of Labor Law 241 (6) occurred because the lack of sheeting and shoring was not the proximate cause of claimant's injuries.
Score: 498 November 8, 2018 2018-032-014 : DAVIS v. THE STATE OF NEW YORK, # 2018-032-014, Claim No. 125370 
Inmate claimant was injured when a table he was directed to sit on for the removal of his leg irons collapsed. Defendant was found 100% liable.
Score: 585 November 1, 2018 2018-032-072 : MURRELL v. THE STATE OF NEW YORK , # 2018-032-072, Claim No. 131564, Motion No. M-92593 M-92593
The claim is dismissed as untimely. Claimant failed to serve a notice of intention to file a claim by certified mail, return receipt requested, on or before the 90 th day following the accrual date.
Score: 449 October 31, 2018 2018-053-559 : MORALES v. THE STATE OF NEW YORK, # 2018-053-559, Claim No. 126399, Motion No. M-92714 M-92714
Defendant's motion for summary judgment dismissing the claim is granted.Claimant, an inmate proceeding pro se, asserted a claim seeking damages for the loss of property but failed to exhaust his administrative remedies.
Score: 537 October 26, 2018 2018-041-069 : PEARSON v. THE STATE OF NEW YORK, # 2018-041-069, Claim No. 130709, Motion No. M-92404 M-92404
Claim challenging determination of the New York State Department of Civil Service in
Score: 149 October 25 ,2018 2018-038-586 : COKE v. THE STATE OF NEW YORK, # 2018-038-586, Claim No. 128128, Motion No. M-92750 M-92750
Claimant's motion for dismissal of affirmative defenses and/or summary judgment denied for failure to demonstrate entitlement to relief sought.
Score: 585 October 25, 2018 2018-053-558 : LINGARD v. THE STATE OF NEW YORK, # 2018-053-558, Claim No. 126324, Motion No. M-92705 M-92705
Defendant's motion to dismiss the claim is granted without prejudice pursuant to Court of Claims Act 19 and section 206.10 (g) of the Uniform Rules for the Court of Claims. Claimant, a former inmate proceeding pro se, failed to appear for scheduled status conferences and did not engage in any pretrial discovery.
Score: 585 October 24, 2018 2018-041-067 : MCTERRELL v. THE STATE OF NEW YORK, # 2018-041-067, Claim No. 130473, Motion No. M-92660 M-92660
Claimant's request for a
Score: 498 October 24, 2018 2018-038-585 : HALL v. NEW YORK STATE, # 2018-038-585, Claim No. 130612, Motion No. M-92609 M-92609
Claimant's motion to dismiss affirmative defense of lack of verification denied. Claimant did not demonstrate that the defense was without merit as a matter of law.
Score: 696 October 24, 2018 2018-041-068 : APHOLZ v. THE STATE OF NEW YORK, # 2018-041-068, Claim No. 130208, Motion No. M-92017 M-92017
Claimant's motion to compel production of Department of Correctional and Community Services records and documents in claim alleging assault/excessive force by correction officer (CO) on inmate, including records of Office of Special Investigation (OSI) regarding the claimed, and similar, incident[s] involving the same CO, and for disclosure of the CO's personnel records, is granted, with redactions, after in camera review.
Score: 613 October 18, 2018 2018-015-172 : MITCHELL v. THE STATE OF NEW YORK, # 2018-015-172, Claim No. 131461, Motion No. M-92661 M-92661
Defendant's pre-answer dismissal motion was granted on the grounds this Court lacks jurisdiction to review an administrative determination of the Office of Victim Services and the claim was improperly served by Federal Express delivery service.
Score: 388 October 17, 2018 2018-045-032 : HARPER v. THE STATE OF NEW YORK, # 2018-045-032, Claim No. 127419, Motion No. M-92079 M-92079
Claimant's motion to strike affirmative defenses and summary judgment, claimant slipped and fell on water in the correctional facility.
Score: 678 October 17, 2018 2018-053-556 : SPARKS v. THE STATE OF NEW YORK, # 2018-053-556, Claim No. 124904, Motion No. M-91716 M-91716
Claimant's motion to compel the disclosure of incident reports from a state operated psychiatric center, which was reserved by the Court's interim order pending an in camera inspection, is denied, in part and granted, in part.The Court also directed the Clerk of the Court to seal and preserve the incident and investigation reports in accordance with 22 NYCRR 216.1 (a).
Score: 518 October 16, 2018 2018-054-106 : BOOKER v. THE STATE OF NEW YORK Dr. D. SMITH: GREENE CORRECTIONAL Dr. JANE DOE ? ALBANY MEDICAL, # 2018-054-106, Claim No. 129654 
Score: 555 October 16, 2018 2018-015-171 : WALKER v. THE STATE OF NEW YORK, # 2018-015-171, Claim No. 127057, Motion No. M-92620 M-92620
Defendant's motion to dismiss the claim for improper service was granted.
Score: 420 October 16, 2018 2018-015-169 : SELLERS v. STATE OF NEW YORK, # 2018-015-169, Claim No. 124322, 124360 
Claims alleging wrongful confinement and medical negligence were combined for trial and dismissed. With respect to the wrongful confinement claim, claimant was properly confined to the SHU pending the conclusion of the Tier III disciplinary hearing. With respect to the claim alleging injuries for medical negligence, claimant's failure to present expert medical testimony required dismissal.
Score: 555 October 16, 2018 2018-015-168 : HAMILTON LIVERY v. THE STATE OF NEW YORK, # 2018-015-168, Claim No. 124392, Motion No. M-92517, Cross-Motion No. CM-92602 M-92517
Defendant's motion for summary judgment dismissing claim alleging that the Department of Motor Vehicle's was negligent in issuing a Certificate of Title to the registrant/lessee of a leased vehicle rather than the owner/lessor was granted on the ground no special duty was owed to the owner separate and apart from the public at large.
Score: 555 October 15, 2018 2018-045-038 : JACKSON v. THE STATE OF NEW YORK, # 2018-045-038, Claim No. 129390, Motion No. M-92324, Cross-Motion No. CM-92388 M-92324
Defendant's motion to dismiss due to res judicata, collateral estoppel, claim is premature and claim fails to state a cause of action. Claimant's cross motion in opposition and for sanctions.
Score: 555 October 12, 2018 2018-032-071 : STALZER v. THE STATE OF NEW YORK, # 2018-032-071, Claim No. 130556, Motion No. M-92044 M-92044
The Court's Order to Show Cause directing claimant to demonstrate why the claim should not be dismissed for lack of jurisdiction for failure to comply with the service requirements of Court of Claims Act 11 is vacated.
Score: 744 October 12, 2018 2018-045-046 : MCKEEVER v. THE STATE OF NEW YORK, THE CITY OF MINEOLA, THE COUNTY OF NASSAU, THE DISTRICT ATTORNEY'S OFFICE (NASSAU), and MADELINE SINGAS, D.A. OF NASSAU COUNTY, # 2018-045-046, Claim No. 130461, Motion Nos. M-92254, M-92255, M-92275 M-92254, M-92255, M-92275
Improper defendant, improper claim.
Score: 347 October 12, 2018 2018-045-038 : AXELROD v. THE STATE OF NEW YORK, # 2018-045-038, Claim No. 123905, Motion No. M-91861 M-91861
Defendant's motion to dismiss claim for traffic design. Lack of accident history and similar accidents.
Score: 787 October 11, 2018 2018-045-036 : BENFANTE v. THE STATE OF NEW YORK, # 2018-045-036, Claim No. 131211, Motion No. M-92169, Cross-Motion No. CM-92418 M-92169
Defendant's motion to dismiss claim due to claimant's motion as untimely since administrator was not appointed prior to filing the claim. Also CPLR 203, 205 (a) and 210 did not apply to extend time to file. Additionally, late claim request was denied since statute of limitations had run.
Score: 537 October 9, 2018 2018-032-070 : BURY v. THE STATE OF NEW YORK, # 2018-032-070, Claim No. 129891, Motion No. M-92145, Cross-Motion No. CM-92146 M-92145
Defendant's motion to compel service of an amended bill of particulars is granted insofar as the verified bill of particulars contains broad language that does not properly limit the proof. Defendant's motion to compel a response to certain discovery demands is granted. Claimant's cross motion seeking a response to discovery demands is denied as moot.
Score: 475 October 9, 2018 2018-031-033 : PHILLIPS v. THE STATE OF NEW YORK, # 2018-031-033, Claim No. None, Motion No. M-91630 M-91630
Late claim application alleging violations of Labor Law 200, 240 (1) and 241(6) denied.
Score: 498 October 9, 2018 2018-032-067 : LABER v. THE STATE OF NEW YORK, # 2018-032-067, Claim No. 129469, Motion No. M-91973 M-91973
Claimant's motion to amend the claim is granted.
Score: 555 October 9, 2018 2018-032-068 : CRUSE v. THE STATE OF NEW YORK, # 2018-032-068, Claim No. 125846, Motion No. M-91824 M-91824
Claimant's attorney's motion for permission to withdraw as counsel is granted.
Score: 648 October 9, 2018 2018-032-069 : MOORE v. THE STATE OF NEW YORK, # 2018-032-069, Claim No. 129658, Motion No. M-91846, Cross-Motion No. CM-92096 M-91846
Claimant's motion to amend the claim is denied and the claim is dismissed for failure to state a cause of action as to the claim for the negligent performance of a ministerial function by the DMV. Claimant failed to allege the existence of a special duty separate and apart from that owed to the public at large and the statute at issue contained neither an express nor an implied private right of action.
Score: 236 October 9, 2018 2018-041-066 : BARNES v. THE STATE OF NEW YORK, # 2018-041-066, Claim No. 128707, Motion No. M-92527 M-92527
Claimant's motion for permission to serve and file amended claim is granted.
Score: 687 October 5, 2018 2018-045-035 : WANG v. THE STATE OF NEW YORK, # 2018-045-035, Claim No. 130737, 130813, Motion Nos. M-91979, M-92387, M-92047, M-92048 M-91979, M-92387, M-92047, M-92048
Motion to dismiss
Score: 475 October 3, 2018 2018-015-167 : CASCIARO v. STATE OF NEW YORK, # 2018-015-167, Claim No. 128813, Motion No. M-92502 M-92502
Claim alleging malicious prosecution, false imprisonment, negligent investigation, and defamation failed to state a cause of action or meet the pleading requirements of Court of Claims Act 11 (b).
Score: 613 October 2, 2018 2018-032-066 : RIVERA v. THE STATE OF NEW YORK, # 2018-032-066, Claim No. 130854, Motion No. M-92357 M-92357
Defendant's motion to dismiss is granted due to claimant's failure to serve the claim by certified mail, return receipt requested, as required by Court of Claims Act 11 (a).
Score: 388 October 2, 2018 2018-054-102 : SANDER v. Government of the State of New York, # 2018-054-102, Claim No. 131726, Motion No. M-92792 M-92792
Unverified claim sent by priority mail, claim does not allege a cognizable cause of action against the State, untimely served, claim dismissed.
Score: 555 October 2, 2018 2018-054-100 : TESTA v. THE STATE OF NEW YORK, # 2018-054-100, Claim No. 131008, Motion No. M-92633 M-92633
The Court's Order to Show Cause, the Court directed the parties to submit papers regarding the service of the claim upon the State. Claim dismissed, no service upon the State.
Score: 570 October 1, 2018 2018-032-062 : CONCEPCION v. THE STATE OF NEW YORK, # 2018-032-062, Claim No. 123390, Motion No. M-92163 M-92163
Defendant's motion to dismiss for failure to prosecute pursuant to CPLR 3216 denied, as demand omitted a phrase that is required by statute to be included in the demand.
Score: 585 October 1, 2018 2013-032-064 : REID v. THE STATE OF NEW YORK, # 2013-032-064, Claim No. 130594, Motion Nos. M-92113, M-92237 M-92113, M-92237
Defendant's motion to dismiss is granted due to claimant's failure to serve the claim by certified mail, return receipt requested, as required by Court of Claims Act 11 (a).
Score: 648 October 1, 2018 2018-032-063 : ARTHURTON v. THE STATE OF NEW YORK, # 2018-032-063, Claim No. 130851, Motion No. M-92339 M-92339
The Court's Order to Show Cause directing claimant to demonstrate why the claim should not be dismissed for lack of jurisdiction for failure to comply with the service requirements of Court of Claims Act 11 is granted. Claimant failed to serve the claim upon the Attorney General.
Score: 648 September 28, 2018 2018-044-557 : ADAMS v. THE STATE OF NEW YORK, # 2018-044-557, Claim No. None, Motion No. M-92524 M-92524
Motion for late claim for wrongful confinement.
Score: 570 September 27, 2018 2018-029-091 : FRANCE v. THE STATE OF NEW YORK, # 2018-029-091, Claim No. 125440 
After a video trial, defendant was found liable for negligence in failing to protect inmate from spider bite in cell at Shawangunk Correctional Facility. Pro se claimant was awarded $300.00 in damages for pain and suffering.
Score: 637 September 26, 2018 2018-032-060 : GENTRY v. THE STATE OF NEW YORK, # 2018-032-060, Claim No. 130701, Motion No. M-92338 M-92338
The claim is dismissed for failure to comply with the service requirement of Court of Claims Act 11.
Score: 637 September 26, 2018 2018-032-061 : v. THE STATE OF NEW YORK, # 2018-032-061, Claim No. 131114, Motion No. M-92394 M-92394
The Court's Order to Show Cause directing claimant to demonstrate why the claim should not be dismissed for lack of jurisdiction for failure to comply with the service requirements of Court of Claims Act 11 is granted. Claimant failed to serve the claim upon the Attorney General.
Score: 347 September 26, 2018 2018-015-166 : MYERS v. THE STATE OF NEW YORK, # 2018-015-166, Claim No. 121690, Motion No. M-92456 M-92456
Claimant's motion to compel discovery was denied except to the extent of requiring the exchange of certain witness information and a privilege log.
Score: 555 September 26, 2018 2018-015-164 : PETERKIN v. THE STATE OF NEW YORK, # 2018-015-164, Claim No. NONE, Motion No. M-91965 M-91965
Motion for leave to serve and file a late claim alleging defamation and breach of contract was granted. Absent discovery, privilege issues could not be definitively determined.
Score: 420 September 26, 2018 2018-054-094 : BROWN v. THE STATE OF NEW YORK, # 2018-054-094, Claim No. 122129, Motion No. M-92695 M-92695
Claimant's motion for an examination before trial (EBT) and to compel discovery denied, claimant has failed to establish that the Court's intervention is warranted and the Court cannot compel defendant to perform any services associated with claimant's litigation.
Score: 783 September 25, 2018 2018-041-064 : WARRINGTON v. THE STATE OF NEW YORK, # 2018-041-064, Claim No. 129621, Motion No. M-91884, Cross-Motion No. CM-92494 M-91884
Claim is dismissed where service of claim upon Attorney General by regular mail is insufficient to confer subject matter jurisdiction; application to file late claim is denied for lack of appearance of merit.
Score: 750 September 25, 2018 2018-032-059 : FAUSS v. THE STATE OF NEW YORK, # 2018-032-059, Claim No. 130294, Motion Nos. M-92107, M-91746 M-92107, M-91746
The claim is dismissed for claimant's failure to serve a copy of the claim upon the Attorney General in compliance with Court of Claims Act 11 (a) (i).
Score: 449 September 25, 2018 2018-015-160 : DEVAUGHN v. THE STATE OF NEW YORK, # 2018-015-160, Claim No. NONE, Motion No. M-92347 M-92347
Pro se inmate's late claim application was denied as he failed to allege the essential elements of a cause of action for wrongful confinement or a date of accrual.
Score: 570 September 25, 2018 2018-015-130 : SALCE v. STATE OF NEW YORK, # 2018-015-130, Claim No. 126391 
Claim alleging wrongful conviction was dismissed following a trial as the claimant failed to meet her burden of establishing by clear and convincing evidence that she was innocent of the crimes charged.