New York State Court of Claims

New York State Court of Claims

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Score: 449 August 20, 2014 2014-048-152 : HERNANDEZ v. THE STATE OF NEW YORK, # 2014-048-152, Claim No. 119760, Motion No. M-85036 M-85036
The Court denied Claimant's motion to compel discovery, as there was no evidence that Claimant first served Defendant with discovery demands pursuant to Article 31 of the CPLR.
Score: 299 August 20, 2014 2014-038-538 : LOPER v. THE STATE OF NEW YORK, # 2014-038-538, Claim No. 123629, Motion No. M-84939 M-84939
Claimant's motion to compel response to notice to admit denied as improper and unnecessary.
Score: 613 August 19, 2014 2014-038-537 : JOHNSON v. STATE OF NEW YORK, # 2014-038-537, Claim No. 114829, Motion No. M-84882 M-84882
Claimant's motion for poor person relief on appeal of order of the Court of Claims is denied because such an application must be made to the appellate court that will hear the appeal.
Score: 613 August 19, 2014 2014-038-536 : JOHNSON v. STATE OF NEW YORK, # 2014-038-536, Claim No. 114212, Motion No. M-85133 M-85133
Claimant's motion for poor person relief on appeal of order of the Court of Claims is denied because such an application should be made to the appellate court that will hear the appeal.
Score: 770 August 18, 2014 2013-032-121 : MCGOVERN v. THE STATE OF NEW YORK, # 2013-032-121, Claim No. 115693, Motion No. M-83733, Cross-Motion No. CM-83823 M-83733
In this wrongful confinement claim, the Court denied claimant's motion for summary judgment and granted defendant's cross motion for summary judgment on the basis that it was reasonable for DOCCS to interpret the subject sentences as it did and further, because DOCCS' calculations were consistently based upon facially valid documents.
Score: 420 August 15, 2014 2014-038-535 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-535, Claim No. 114237, Motion No. M-84949 M-84949
Defendant's motion to dismiss on jurisdictional grounds granted. Defendant demonstrated that claim was not served upon the Attorney General, and claimant did not oppose the motion or otherwise submit credible proof that the claim was so served.
Score: 537 August 6, 2014 2014-039-421 : COLE v. STATE OF NEW YORK, # 2014-039-421, Claim No. 119269, Motion No. M-84757 M-84757
Claimant's motion for summary judgment on his claim that he was assaulted by a correction officer is denied. Defendant's evidence - in particular the affidavit of the correction officer - raises issues of fact for trial.
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: 600 July 31, 2014 2014-038-106 : BROWN v. STATE OF NEW YORK, # 2014-038-106, Claim No. 112638 
Claim dismissed after trial. Pro se claimant failed to establish prima facie any viable cause of action.
Score: 518 July 30, 2014 2014-040-043 : LOCKE v. THE STATE OF NEW YORK, # 2014-040-043, Claim No. 122237, Motion No. M-85325 M-85325
Motion to compel discovery granted in part.
Score: 776 July 30, 2014 2014-038-532 : MONREAL v. THE STATE OF NEW YORK, # 2014-038-532, Claim No. 124000, Motion No. M-84953 M-84953
Defendant's motion to dismiss granted. Court of Claims lacks jurisdiction over claim for reinstatement of revoked medical license and consequent loss of income, as such would require review of administrative action or inaction, which is subject to review in Supreme Court pursuant to CPLR article 78. Further, claim was not timely served or filed.
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: 770 July 30, 2014 2014-040-042 : THOMAS v. THE STATE OF NEW YORK, # 2014-040-042, Claim No. 122767, Motion No. M-85247 M-85247
Claim dismissed as it was untimely served and filed.
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: 555 July 29, 2014 2014-040-040 : HOHIMER v. THE STATE OF NEW YORK, # 2014-040-040, Claim No. 112785, Motion No. M-85235 M-85235
Claim dismissed for failure to prosecute.
Score: 809 July 28, 2014 2014-032-122 : DIBLASIO v. THE STATE OF NEW YORK, # 2014-032-122, Claim No. 104333, Motion No. M-83774 M-83774
The Court grants defendant's motion for summary judgment in this defamation action on the basis that the statements made by the Commissioner of the Department of Health were protected by either an absolute or qualified privilege.
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: 555 July 25, 2014 2014-045-023 : CANGIOLOSI v. THE STATE OF NEW YORK, # 2014-045-023, Claim No. 124374, Motion No. M-85177 M-85177
Late claim motion medical malpractice claim.
Score: 626 July 24, 2014 2014-050-503 : CLARELLI v. THE STATE OF NEW YORK, # 2014-050-503, Claim No. 118399 
Claimant seeks damages for personal injuries claimed to have been sustained in a fall on Sunrise Highway. On the date of claimant's fall, an extensive defect existed in the roadway surface approximately parallel to the westernmost line of the pedestrian crosswalk. The State had addressed this defect with attempted remedial efforts using a sealant patch product but which proved ineffective as a solution in that it did not last, it was pulled out by the progression of traffic across the defective patched area. The Court finds that the percentage of liability of the defendant is 70 percent and the percentage of liability of the claimant is 30 percent.
Score: 498 July 24, 2014 2014-045-501 : JEFFERSON v. STATE OF NEW YORK, # 2014-045-501, Claim No. 109632 
Pro Se inmate claim as a result of identity theft at a correctional facility.
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: 388 July 23, 2014 2014-038-105 : AVILES v. STATE OF NEW YORK, # 2014-038-105, Claim No. 116235 
Claim for injuries sustained in a motorcycle accident on the Brooklyn-Queens Expressway dismissed after trial. Claimant did not establish by a preponderance of the credible evidence that there existed a dangerous condition.
Score: 388 July 22, 2014 2014-041-043 : FULTON v. THE STATE OF NEW YORK, # 2014-041-043, Claim No. 124100, Motion No. M-85152 M-85152
Claimant's motion for an order granting claimant a jury trial is denied.
Score: 498 July 22, 2014 2014-048-149 : TIRSE v. THE STATE OF NEW YORK, # 2014-048-149, Claim No. 121055, Motion No. M-84864, Cross-Motion No. CM-85050 M-84864
The Court granted Defendant's motion for summary judgment dismissing Claimant's cause of action alleging false arrest and also dismissed Claimant's cause of action alleging defamation.
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: 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: 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: 299 July 18, 2014 2014-045-022 : THOMAS v. THE STATE OF NEW YORK, # 2014-045-022, Claim No. 123302, Motion No. M-84996 M-84996
Claimant's motion to compel discovery.
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: 570 July 17, 2014 2014-018-526 : MILLER v. STATE OF NEW YORK, # 2014-018-526, Claim No. 114585, Motion No. M-85205 M-85205
Defendant having met the requirements of CPLR 3216 (b), Defendant's motion is GRANTED and the claim is DISMISSED.
Score: 600 July 17, 2014 2014-018-527 : TORRES v. STATE OF NEW YORK, # 2014-018-527, Claim No. 124264, Motion No. M-85226 M-85226
The claim is dismissed pursuant to Court of Claims Act § 11.
Score: 648 July 17, 2014 2014-018-528 : KOEHLER v. STATE OF NEW YORK, # 2014-018-528, Claim No. NONE, Motion No. M-85281 M-85281
Late claim application granted.
Score: 420 July 16, 2014 2014-040-038 : KEEBLER v. THE STATE OF NEW YORK, # 2014-040-038, Claim No. 123535, Motion No. M-85162 M-85162
State's motion to dismiss bailment claim granted as Claimant failed to exhaust administrative remedies prior to filing Claim as required by Court of Claims Act § 10(9).
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: 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: 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: 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: 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: 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: 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: 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: 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.