New York State Court of Claims

New York State Court of Claims

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Score: 498 November 14, 2016 2016-040-095 : SEAWORTHY v. NEW YORK STATE CANAL CORPORATION, a subsidiary of NEW YORK STATE THRUWAY AUTHORITY, and NEW YORK STATE THRUWAY AUTHORITY, # 2016-040-095, Claim No. 126554, Motion No. M-88906 M-88906
State's motion to serve and file a second Amended Answer granted.
Score: 420 November 10, 2016 2016-018-746 : FIRENZE v. STATE OF NEW YORK, # 2016-018-746, Claim No. 127287, Motion No. M-88063 M-88063
Defendant's motion is GRANTED and the claim is DISMISSED on the ground that no action may be brought by a deceased claimant without a duly appointed personal representative.
Score: 420 November 4, 2016 2016-040-094 : TAYLOR v. THE STATE OF NEW YORK, # 2016-040-094, Claim No. 119660 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute.
Score: 149 November 4, 2016 2016-028-515 : BIFONE v. THE STATE OF NEW YORK, # 2016-028-515, Claim No. 122452, Motion No. M-88799, Cross-Motion No. CM-88875 M-88799
Motion and cross-motion for summary judgment in a personal injury claim. The claim arises from an incident in which a police officer on the SUNY Stony Brook campus lost control of an authorized emergency vehicle while involved in an emergency operation. The vehicle crossed over a lane of traffic and struck a pedestrian on the sidewalk pinning her beneath the vehicle. Motion by defendant denied based on issues of fact as to whether defendant is entitled to application of the reckless disregard standard in V&T 1104. Cross-motion for summary judgment denied on the basis that .
Score: 585 October 31, 2016 2016-018-744 : WALTON v. STATE OF NEW YORK, # 2016-018-744, Claim No. 124050, 124286, Motion Nos. M-88237, M-88236 M-88237, M-88236
The Court GRANTS Defendant's motion (M-88237) in accordance with Claimant's stipulation, and the claim and amended claim, Claim No. 124050, are hereby DISMISSED without prejudice. Regarding Claim No. 124286, Defendant failed to serve its verified answer with the affirmative defense of untimeliness within 40 days of service of this claim, Defendant has waived this defense, and the Court may not dismiss this claim for untimeliness. Claimant is also correct that the failure to serve a certificate of merit in compliance with CPLR 3012-a with his claim does not warrant dismissal at this juncture, particularly here, since Claimant has already served a certificate of merit upon Defendant. Motion No. M-88236 is DENIED.
Score: 299 October 31, 2016 2016-018-743 : PENDA v. STATE OF NEW YORK, # 2016-018-743, Claim No. 124952, Motion No. M-88687 M-88687
Issues of fact regarding the duration and type of precipitation and whether State had actual notice of regular accumulation of water at this location to permit inference of constructive notice required denial of Defendant's summary judgment motion.
Score: 648 October 25, 2016 2016-041-085 : MONTES v. THE STATE OF NEW YORK , # 2016-041-085, Claim No. NONE, Motion No. M-88565 M-88565
Application to file late claim alleging wrongful confinement resulting from negligently computed maximum release date is granted as allegations show that a meritorious cause of action may exist.
Score: 449 October 24, 2016 2016-040-079 : AVERY v. STATE OF NEW YORK, # 2016-040-079, Claim No. 127390, Motion No. M-88777 M-88777
Court's order to show cause regarding service issue vacated.
Score: 420 October 24, 2016 2016-040-080 : PEANA v. THE STATE OF NEW YORK, # 2016-040-080, Claim No. 127234, Motion No. M-88953 M-88953
Motion to poor person status and assignment of counsel denied.
Score: 613 October 24, 2016 2016-040-093 : MORRIS HILL v. STATE OF NEW YORK, # 2016-040-093, Claim No. 123884, Motion No. M-89015, Cross-Motion No. CM-89067 M-89015
State's motion to dismiss as Claim not properly served upon Defendant in accord with CCA 11(a) granted. Claim served by regular mail.
Score: 420 October 24, 2016 2016-040-078 : SANTANA v. NEW YORK STATE THRUWAY AUTHORITY, # 2016-040-078, Claim No. 127015, Motion No. M-88683 M-88683
Court's OSC re: service. Claimant failed to establish Claim served upon NYSTA as required by statute. Claim dismissed.
Score: 613 October 24, 2016 2016-040-082 : ALLEN v. THE STATE OF NEW YORK, # 2016-040-082, Claim No. 120367, Motion No. M-88982 M-88982
Claim dismissed as Claimant failed to serve it upon Defendant as required by CCA 11(a)(i).
Score: 613 October 24, 2016 2016-040-083 : LOJA-PACHECO v. THE STATE OF NEW YORK, # 2016-040-083, Claim No. 119529, Motion No. M-88930 M-88930
Claim dismissed as not served upon Defendant as required by CCA 11(a)(i).
Score: 600 October 24, 2016 2016-040-084 : MATTHEWS v. THE STATE OF NEW YORK, # 2016-040-084, Claim No. 127039, Motion No. M-88312 M-88312
State's motion to dismiss based upon Claimant's asserted failure to timely serve and file the Claim in accordance with CCA 10(9) denied.
Score: 388 October 24, 2016 2016-040-090 : FRASER v. THE STATE OF NEW YORK, # 2016-040-090, Claim No. 127919, Motion No. M-88789 M-88789
Pro se Claimant's motion for an extension of time to submit a reply to State's answer denied as moot.
Score: 659 October 24, 2016 2016-040-091 : WELLINGTON v. STATE OF NEW YORK, # 2016-040-091, Claim No. 126381, Motion No. M-88917, Cross-Motion No. CM-89039 M-88917
State's cross-motion to dismiss based upon Claimant's failure to properly serve the Claim upon Defendant granted. Claimant's motion for summary judgment denied as moot.
Score: 347 October 24, 2016 2016-040-092 : OLDHAM v. STATE OF NEW YORK, # 2016-040-092, Claim No. 125034, Motion No. M-89188 M-89188
Pro se Claimant's third motion for summary judgment denied.
Score: 475 October 24, 2016 2016-040-081 : LANGO v. STATE OF NEW YORK, # 2016-040-081, Claim No. 124219, Motion No. M-88889 M-88889
Prisoner pro se 's request for trial date denied.
Score: 299 October 23, 2016 2016-018-741 : FRASER v. STATE OF NEW YORK, # 2016-018-741, Claim No. 125744, Motion No. M-88919, Cross-Motion No. CM-89146 M-88919
There are material issues of fact which preclude granting summary judgment to either party. Claimant's motion for summary judgment and Defendant's cross motion for summary judgment are both denied.
Score: 648 October 21, 2016 2016-040-077 : McCANTS v. STATE OF NEW YORK, # 2016-040-077, Claim No. 127536, Motion No. M-88330 M-88330
State's motion to dismiss Claim based upon Claimant's asserted failure to timely serve and file the Claim in accordance with CCA 10(9) denied.
Score: 776 October 20, 2016 2016-029-085 : LAWRENCY v. THE STATE OF NEW YORK, # 2016-029-085, Claim No. 125979, Motion No. M-88931, Cross-Motion No. CM-89068 M-88931
The court denied claimant's motion for summary judgment, granted the State's cross-motion for summary judgment, and dismissed the claim for ministerial negligence and unlawful imprisonment. A city court clerk vacated claimant's bench warrant and notified the local police that the warrant had been vacated and recalled. The vacated warrant was not removed from the NYSPIN system, and claimant was arrested on the warrant by the local police. The court, acting sua sponte, found lack of subject matter jurisdiction as the actions complained of were entirely local functions.
Score: 449 October 20, 2016 2016-029-084 : COLLAZO v. THE STATE OF NEW YORK, # 2016-029-084, Claim No. 123876 
Claimant, an inmate appearing pro se , proved at trial that the State was liable for ministerial negligence in its failure to provide him with earplugs prescribed by a specialist to prevent ear infections. Claimant's damages for pain and suffering from repeated ear infections limited to the days on which he reported his symptoms because he did not prove the length of time his symptoms were alleviated after he was treated with antibiotics. The court awarded judgment in the amount of $25.00 per day for 9 days, totaling $225.00.
Score: 498 October 17, 2016 2016-029-082 : TAYLOR v. THE STATE OF NEW YORK, # 2016-029-082, Claim No. 124559 
The court found defendant liable for wrongful confinement of claimant for a period of 12 days and awarded claimant $10 per day for a total of $120. Defendant was not entitled to immunity because the disciplinary hearing officer violated claimant's right to due process.
Score: 498 October 17, 2016 2016-029-080 : TAYLOR v. THE STATE OF NEW YORK, # 2016-029-080, Claim No. 125632 
Score: 498 October 14, 2016 2016-018-736 : JAMES v. STATE OF NEW YORK, # 2016-018-736, Claim No. 125398 
Claimant is entitled to damages for nine days of additional, wrongful confinement and Claimant's property claim is granted in part.
Score: 420 October 12, 2016 2016-018-739 : FELBER v. STATE OF NEW YORK, # 2016-018-739, Claim No. 123054, Motion No. M-88244, Cross-Motion No. CM-88635 M-88244
Defendant's motion for summary judgment granted based upon Claimant's primary assumption of the risk and lack of evidence State breached its duty as a landowner.
Score: 626 October 6, 2016 2016-045-051 : ESPINO v. THE STATE OF NEW YORK, # 2016-045-051, Claim No. 127329, Motion No. M-88376 M-88376
Defendant's motion to dismiss false arrest, false imprisonment, excessive force, individually named officers, federal law, intentional infliction of emotional distress, negligent infliction of emotional distress and negligent hiring claims.
Score: 388 October 4, 2016 2016-038-561 : BARNES v. STATE OF NEW YORK, # 2016-038-561, Claim No. 123145, Motion Nos. M-86414, M-88135 M-86414, M-88135
Defendant's motion to dismiss claim asserting constitutional torts granted. Claimant's motion for spoliation sanctions denied as moot.
Score: 420 October 4, 2016 2016-029-076 : SHEPHERD v. THE STATE OF NEW YORK, # 2016-029-076, Claim No. 125252 
After a video trial, defendant found liable to claimant for negligence in failing to provide him with prescribed medical boots, and assigning him to a non-flat facility contrary to defendant's earlier grant of request for reasonable accommodation. Claimant awarded $250 for pain and suffering. Defendant found not liable for medical negligence arising from failure to treat or provide tinted sunglasses, where no supporting medical expert opinion testimony was presented. Defendant also found not liable for negligence in failing to reasonably accommodate claimant's shy bladder, where there was no proof of actual injury.
Score: 388 October 4, 2016 2016-009-036 : SQUEAKY v. THE STATE OF NEW YORK, # 2016-009-036, Claim No. 126281, Motion No. M-88489 M-88489
Defendant's motion to dismiss this appropriation claim was granted, based upon claimant's previously signed assignments of the claim.
Score: 637 October 4, 2016 2016-029-075 : DELEON v. THE STATE OF NEW YORK, # 2016-029-075, Claim No. 123580 
After a video trial, the court awarded a pro se inmate $350 for his pain and suffering attributable to defendant State's failure to provide, and gross errors in the administration of, Insulin needed to control Diabetes, and pain medication for Carpal Tunnel Syndrome. Claimant proved negligence and ministerial negligence, but not medical malpractice. He failed to present expert testimony that defendant's mismanagement of his Insulin proximately caused the cardiovascular problems he claimed.
Score: 347 October 3, 2016 2016-038-565 : CARVALHO v. STATE OF NEW YORK, # 2016-038-565, Claim No. 119613, Motion No. M-88762 M-88762
Score: 299 October 3, 2016 2016-038-566 : JONES v. THE STATE OF NEW YORK, # 2016-038-566, Claim No. 127882, Motion No. M-88740 M-88740
Claimant's motion for summary judgment denied because it was unsupported by copies of the pleadings (CPLR 3212 [b]). In any event, claimant failed to meet his burden of demonstrating his right to judgment as a matter of law.
Score: 626 October 3, 2016 2016-040-076 : BROWN v. THE STATE OF NEW YORK, # 2016-040-076, Claim No. 120236, Motion No. M-89038 M-89038
Pro se Claimant's motion that three witnesses be produced at trial denied in part.
Score: 600 October 3, 2016 2016-038-563 : TELESFORD v. THE STATE OF NEW YORK, # 2016-038-563, Claim No. 127783, Motion No. M-88615 M-88615
Defendant's motion to dismiss granted. Claim asserted only State constitutional torts arising from defendant's failure to properly consider/apply regulations and directives regarding confinement of claimant in a cell with plexiglass shield. A cause of action sounding in constitutional tort is unavailable where claimant had an available alternative remedy in the form of an administrative grievance and a proceeding pursuant to Article 78 of the CPLR.
Score: 347 October 3, 2016 2016-038-564 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-038-564, Claim No. 119919, 123261, 123262, 123263, 123264, 123325, 125184, Motion No. M-88659 M-88659
Claimant's motion seeking immediate scheduling of the trials of seven pending claims is denied as he has not demonstrated that the interests of justice will be served by giving all of his claims a scheduling preference over pending claims of other claimants.
Score: 388 October 3, 2016 2016-038-562 : BLACK v. THE STATE OF NEW YORK, # 2016-038-562, Claim No. 117938, Motion No. M-88755 M-88755
Claim dismissed for failure to serve the claim upon the Attorney General, without opposition from claimant. Defendant established that the document that was served per claimant's affidavit of service was a Notice of Intention to file the claim and that the claim was never served.
Score: 449 October 3, 2016 2016-038-567 : BARNES v. THE STATE OF NEW YORK, # 2016-038-567, Claim No. None, Motion No. M-88528 M-88528
Claimant's motion to treat the notice of intention as the claim or for permission to file and serve as a late claim is denied as untimely, and is also lacking the factual allegations in the pleading as required by Court of Claims Act. 11 (b).
Score: 555 September 30, 2016 2016-045-049 : KUMMER v. THE STATE OF NEW YORK, # 2016-045-049, Claim No. None, Motion No. M-88310 M-88310
Motion to file a late claim, medical malpractice claim.
Score: 475 September 30, 2016 2016-041-508 : PANEZO v. THE STATE OF NEW YORK, # 2016-041-508, Claim No. 118670 
Claim by inmate alleging use of excessive force, medical malpractice and wrongful confinement resulting from recreation yard fight involving multiple inmates, and consequent inmate disciplinary hearing, is dismissed after trial where the allegation of excessive force is unsupported by preponderance of the trial evidence, claimant presented no expert medical proof to establish medical malpractice cause of action and claimant presented no proof corroborating his assertion that a false statement was provided at the disciplinary hearing, while a correction officer offered sworn testimony that he observed claimant striking a fellow inmate.
Score: 696 September 30, 2016 2016-018-738 : BROWNELL v. STATE OF NEW YORK, # 2016-018-738, Claim No. 127776, Motion No. M-88675, Cross-Motion No. CM-88794 M-88675
Request for permission to file late claim granted.
Score: 388 September 30, 2016 2016-041-509 : CLARKE v. THE STATE OF NEW YORK, # 2016-041-509, Claim No. 118882 
Score: 637 September 30, 2016 2016-045-050 : MALKA v. THE STATE OF NEW YORK, # 2016-045-050, Claim No. None, Motion No. M-88700 M-88700
Motion to file a late claim, medical malpractice claim.
Score: 570 September 29, 2016 2016-040-074 : HAHN v. THE STATE OF NEW YORK, # 2016-040-074, Claim No. 127981, Motion No. M-88950 M-88950
Court issued OSC re: service as State did not serve and file Answer. Based upon proof submitted, Court finds Claim was not served. Claim dismissed.
Score: 570 September 29, 2016 2016-040-073 : HAHN v. THE STATE OF NEW YORK, # 2016-040-073, Claim No. 127949, Motion No. M-88949 M-88949
Court issued OSC re: service as State did not serve and file Answer. Based upon proof submitted, Court finds Claim was not served. Claim dismissed.
Score: 570 September 29, 2016 2016-040-075 : HAHN v. THE STATE OF NEW YORK, # 2016-040-075, Claim No. 127995, Motion No. M-88948 M-88948
Court issued OSC re: service as State did not serve and file Answer. Based upon proof submitted, Court finds Claim was not served. Claim dismissed.
Score: 713 September 28, 2016 2016-041-507 : STRICKLAND v. THE STATE OF NEW YORK, # 2016-041-507, Claim No. 120654 
Through his personal representative, claimant, an incarcerated state prison inmate, brought an action for wrongful death and for personal injuries and conscious pain and suffering, founded upon allegations of defendant's use of excessive force, defendant's medical malpractice in failing to properly treat and medicate his mental health conditions and defendant's medical malpractice in failing to provide him timely and adequate emergency medical care on the morning of his death. Claimant's cause of action of medical malpractice in defendant's treatment of his mental health conditions was abandoned at trial. After trial of the claim, the Court finds that defendant provided claimant with timely emergency medical treatment, and that although defendant provided claimant substandard CPR in its attempt to resuscitate him after he had become unconscious, claimant failed to prove by a preponderance of the credible evidence that such substandard CPR was a proximate cause of his death. The Court additionally finds that defendant engaged in the use of excessive force in transporting claimant to Clinton Correctional Facility Mental Health Unit on the morning of claimant's death and that defendant's choice to drag claimant through a corridor, onto an elevator and down another corridor, face down, by his hands cuffed behind his back and above his head, placing his full (and substantial) body weight upon his hyper-extended shoulders was inappropriate and negligent, and constituted the use of excessive force under the circumstances, warranting a damages trial. The Court also finds that no earlier use of excessive force was used by defendant upon claimant in claimant's housing tier.
Score: 696 September 28, 2016 2016-040-072 : RAMIREZ v. THE STATE OF NEW YORK, # 2016-040-072, Claim No. NONE, Motion No. M-88521 M-88521
Motion to late file a claim pursuant to CCA 10(6) granted.
Score: 570 September 28, 2016 2016-045-048 : PIERROT v. THE STATE OF NEW YORK, # 2016-045-048, Claim No. 125983, Motion No. M-88456 M-88456
Defendant's motion to dismiss pro se inmate's claim due to lack of verification, no filing fee, regular mail, cause of action not in notice of intention and constitutional claims.
Score: 518 September 27, 2016 2016-032-507 : COLLINS v. THE STATE OF NEW YORK, # 2016-032-507, Claim No. 122485 
Following a trial, claimant failed to establish the elements of an assault claim.