New York State Court of Claims

New York State Court of Claims

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Score: 299 April 22, 2015 2015-010-022 : EUCEDA v. THE STATE OF NEW YORK, # 2015-010-022, Claim No. 125335, Motion No. M-86370 M-86370
claimant's unopposed motion to dismiss affirmative defenses granted. Defendant's opposition papers submitted late and rejected as untimely.
Score: 670 April 17, 2015 2015-040-018 : VANDERPOOL v. THE STATE OF NEW YORK, # 2015-040-018, Claim No. 114414 
Claimant fell in shower area of C.F. bathroom. Court finds Claimant failed to establish State was negligent.
Score: 648 April 2, 2015 2015-040-014 : TORRES v. STATE OF NEW YORK, # 2015-040-014, Claim No. 119045 
Damages - wrongful confinement beyond maximum expiration date of sentence. Award $90,000.
Score: 518 March 31, 2015 2015-032-002 : PORTER v. THE STATE OF NEW YORK, # 2015-032-002, Claim No. 122569 
Score: 449 March 31, 2015 2015-032-117 : BELL v. THE STATE OF NEW YORK, # 2015-032-117, Claim No. 117674-A, Motion No. M-85788 M-85788
Score: 449 March 25, 2015 2015-041-508 : DEMAILLE v. THE STATE OF NEW YORK, # 2015-041-508, Claim No. 112117 
Claim alleging medical malpractice and/or negligence is dismissed after trial where trial record was devoid of expert medical proof that defined the standard of care to which claimant was entitled, established that defendant's actions, or inactions, in its treatment of claimant's medical conditions deviated from the standard of care owed claimant or that demonstrated defendant's medical care of claimant, if found to be substandard, proximately caused claimant any injury or damage.
Score: 449 March 23, 2015 2015-045-502 : HOMER v. THE STATE OF NEW YORK, # 2015-045-502, Claim No. 118564 
Negligence only claim by worker injured in bucket truck under the loop parkway bridge.
Score: 600 March 18, 2015 2014-039-437 : LUCAS v. STATE OF NEW YORK, # 2014-039-437, Claim No. 119207 
The claim is dismissed following a trial on the issue of damages. Claimant failed to prove that he suffered a serious injury within the meaning of the Insurance Law as a result of the car accident.
Score: 518 March 11, 2015 2015-016-011 : LIU v. BARUCH COLLEGE, CITY UNIVERSITY OF NEW YORK, # 2015-016-011, Claim No. None, Motion No. M-85753 M-85753
Score: 498 March 9, 2015 2015-015-597 : COCHRAN v. THE STATE OF NEW YORK, # 2015-015-597, Claim No. 113330 
Following trial, court found defendant liable for inmate's injuries which occurred when he was assaulted by another inmate in the small engine repair shop of the prison.
Score: 475 March 9, 2015 2015-032-012 : CISCO v. THE STATE OF NEW YORK, # 2015-032-012, Claim No. 124241, Motion No. M-85622 M-85622
Score: 475 March 9, 2015 2015-040-013 : LEE v. THE STATE OF NEW YORK, # 2015-040-013, Claim No. 119053 
Court finds State not liable for inmate-on-inmate assault.
Score: 696 March 5, 2015 2015-018-614 : McRAE v. STATE OF NEW YORK, # 2015-018-614, Claim No. 125067, Motion No. M-86095 M-86095
Claimant may have met his burden on a summary judgment motion; however, the claim must be dismissed pursuant to Court of Claims Act section 11, as the Court lacks subject matter and personal jurisdiction.
Score: 299 March 4, 2015 2015-015-598 : BOOKMAN v. THE STATE OF NEW YORK, # 2015-015-598, Claim No. 120041 
Pro se inmate's claim alleging various causes of action arising from a prison disciplinary hearing was dismissed following trial. Prison disciplinary proceeding is not the type of full-scale proceeding which may give rise to a malicious prosecution cause of action.
Score: 299 March 3, 2015 2015-015-596 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2015-015-596, Claim No. 115502 
Pro se inmate's claim alleging delay of treatment for an ear infection was dismissed after trial.
Score: 648 March 3, 2015 2015-018-613 : ELLIOTT v. STATE OF NEW YORK, # 2015-018-613, Claim No. NONE, Motion No. M-86159 M-86159
The proposed claim attached to the motion to grant a late claim application fails to comply with Court of Claims Act section 11 (b). The claim fails to state where this incident occurred and the injuries Movant sustained, and it is not verified. Failure to comply with the requirements of Court of Claims Act section 11 (b) renders the proposed claim legally defective and motion is DENIED.
Score: 475 March 2, 2015 2015-015-595 : PINE v. THE STATE OF NEW YORK, # 2015-015-595, Claim No. 119422 
Pro se inmate was awarded damages for personal injuries sustained in a slip and fall.
Score: 449 March 2, 2015 2015-018-612 : STEVENSON v. STATE OF NEW YORK, # 2015-018-612, Claim No. 117084 
Claimant failed to establish he suffered injuries due to Defendant's negligence.
Score: 299 February 27, 2015 2015-041-023 : CORREA v. THE STATE OF NEW YORK, # 2015-041-023, Claim No. 117577, Motion No. M-86184 M-86184
Motion to dismiss claim alleging that defendant's negligence caused claimant to be assaulted by a fellow inmate is granted where claim was not served within ninety days of accrual.
Score: 626 February 26, 2015 2015-041-022 : PANNITTI v. THE STATE OF NEW YORK, # 2015-041-022, Claim No. NONE, Motion No. M-86032 M-86032
Application to file late claim alleging medical negligence is denied where claimant fails to offer adequate excuse for delay or to show appearance of merit through medical affidavit, medical records or other proof.
Score: 498 February 24, 2015 2015-038-102 : BARNES v. STATE OF NEW YORK, # 2015-038-102, Claim No. 109654 
Incarcerated claimant asserted that defendant negligently trained and supervised correctional facility staff with regard to the protection of confidential medical information and the handling and processing of grievances, and that facility medical personnel retaliated against claimant by denying him suppositories for his hemorrhoidal condition. Claim dismissed after trial. Preponderance of the evidence did not support any of his asserted and maintainable causes of action.
Score: 613 February 24, 2015 2015-040-008 : GIST v. THE STATE OF NEW YORK, # 2015-040-008, Claim No. 122483, Motion No. M-85728 M-85728
Claimant's motion to compel defendant (1) to supplement BOP and (2) to respond to certain interrogatories and request for production of documents is granted in part.
Score: 347 February 24, 2015 2015-041-020 : WORD v. THE STATE OF NEW YORK, # 2015-041-020, Claim No. 124300, Motion No. M-86069 M-86069
Claimant's motion for summary judgment is denied where claimant's brief and conclusory allegations of exposure to tobacco smoke and wrongful solitary confinement fail to satisfy her initial burden to establish that she is entitled to judgment as a matter of law.
Score: 498 February 23, 2015 2015-032-007 : WATERS v. THE STATE OF NEW YORK, # 2015-032-007, Claim No. 123925-A, Motion No. M-85599 M-85599
Score: 626 February 23, 2015 2015-041-019 : EVANS v. THE STATE OF NEW YORK, # 2015-041-019, Claim No. NONE, Motion No. M-86124 M-86124
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 637 February 23, 2015 2015-041-018 : PENN-PARKS v. THE STATE OF NEW YORK, # 2015-041-018, Claim No. 125214, Motion No. M-86010 M-86010
Claim alleging that defendant violated claimant's due process rights by suspending her privilege to visit inmate is dismissed where claimant has adequate alternative remedy in CPLR Article 78.
Score: 449 February 23, 2015 2015-032-008 : ADAMS v. THE STATE OF NEW YORK, # 2015-032-008, Claim No. 124967, Motion No. M-85699 M-85699
Score: 585 February 23, 2015 2015-015-594 : GREEN v. THE STATE OF NEW YORK, # 2015-015-594, Claim No. 120730 
Court awarded damages in malicious prosecution claim arising from parole revocation proceedings.
Score: 713 February 20, 2015 2015-015-593 : KNICKERBOCKER v. THE STATE OF NEW YORK, # 2015-015-593, Claim No. 121419 
Direct damages were awarded in condemnation case. Consequential damages were denied.
Score: 420 February 19, 2015 2015-041-016 : LALIVERES v. THE STATE OF NEW YORK, # 2015-041-016, Claim No. 125163, Motion Nos. M-85943, M-86084, Cross-Motion No. CM-86127 M-85943, M-86084
Claimant's motion for an order granting poor person status and for appointment of counsel is denied where claimant fails to serve application on county attorney and fails to show a danger of grievous forfeiture or the deprivation of a fundamental liberty right unless counsel is assigned; Defendant's cross-motion to dismiss claim alleging that defendant wrongfully confined claimant is granted where claim was not served within time period set forth in Court of Claims Act 10.
Score: 475 February 19, 2015 2015-040-007 : JOHNSON v. THE STATE OF NEW YORK, # 2015-040-007, Claim No. 108028 
Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant negligently maintained the mess hall floor at Oneida CF resulting in his slip and fall.
Score: 449 February 18, 2015 2015-038-101 : SCOTT v. STATE OF NEW YORK, # 2015-038-101, Claim No. 117566 
Claim for inmate-on-inmate dismissed after trial. Preponderance of the credible evidence did not demonstrate foreseeability of sudden and unprovoked attack.
Score: 728 February 18, 2015 2015-045-004 : JACOBSEN v. THE STATE OF NEW YORK, # 2015-045-004, Claim No. None, Motion No. M-85727 M-85727
Claimant seeks to file a new action pursuant to CPLR 205-a. Claimant also seeks to have the notice of intention converted into a claim.
Score: 236 February 18, 2015 2015-041-015 : CRENSHAW v. THE STATE OF NEW YORK, # 2015-041-015, Claim No. 122840, Motion No. M-85726 M-85726
Claimant's motion for leave to amend his dental malpractice claim to add a cause of action for failure to obtain his informed written refusal of dental treatment is granted.
Score: 518 February 17, 2015 2015-018-602 : BLACKWELL v. STATE OF NEW YORK, # 2015-018-602, Claim No. 121036, Motion Nos. M-86073, M-86064 M-86073, M-86064
Both motions are denied. Claimant is entitled to $64.92, plus statutory interest from November 6, 2011.
Score: 299 February 17, 2015 2015-018-610 : AVILES v. STATE OF NEW YORK, # 2015-018-610, Claim No. 120106 
Claimant entitled to $240 for wrongful confinement in SHU.
Score: 347 February 13, 2015 2015-041-507 : BABCOCK v. THE STATE OF NEW YORK, # 2015-041-507, Claim No. 111956 
Claimant/motorcyclist who sustained transverse tibia/fibula fracture of left leg after being struck by a falling limb on a state highway is awarded $100,000 for past pain and suffering and is awarded $0 for future pain and suffering where claimant had an excellent recovery and trial record contained no medical evidence that causally related any future pain and suffering or life limitations to the injuries sustained by claimant in the subject accident.
Score: 347 February 13, 2015 2015-045-501 : JEFFRIES v. THE STATE OF NEW YORK, # 2015-045-501, Claim No. 119158 
MVA, claimant's vehicle struck a downed light pole.
Score: 555 February 13, 2015 2015-045-003 : ROTH v. THE STATE OF NEW YORK, # 2015-045-003, Claim No. None, Motion No. M-85813 M-85813
Late claim motion, trip and fall while stepping off curb adjacent to state roadway, denied pursuant to Highway Law 140(18).
Score: 299 February 11, 2015 2015-018-609 : TAYLOR v. STATE OF NEW YORK, # 2015-018-609, Claim No. 112587 
Claimant failed to prove the State's negligence and the claim must be dismissed.
Score: 626 February 10, 2015 2015-041-011 : SALAS v. THE STATE OF NEW YORK, # 2015-041-011, Claim No. NONE, Motion No. M-85855 M-85855
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 626 February 10, 2015 2015-041-012 : SANTOS v. THE STATE OF NEW YORK, # 2015-041-012, Claim No. NONE, Motion No. M-85856 M-85856
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 626 February 5, 2015 2015-041-010 : MARTIN v. THE STATE OF NEW YORK, # 2015-041-010, Claim No. NONE, Motion No. M-85854 M-85854
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 626 February 4, 2015 2015-041-008 : JACKSON v. THE STATE OF NEW YORK, # 2015-041-008, Claim No. NONE, Motion No. M-85852 M-85852
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 626 February 4, 2015 2015-041-009 : JACKSON v. THE STATE OF NEW YORK, # 2015-041-009, Claim No. NONE, Motion No. M-85853 M-85853
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 388 February 4, 2015 2015-045-500 : LEE v. THE STATE OF NEW YORK, # 2015-045-500, Claim No. 121372 
Slip and fall at SUNY Stony Brook in the pool area on the bleachers.
Score: 498 February 3, 2015 2015-040-005 : VAN DE VIVER v. THE STATE OF NEW YORK, # 2015-040-005, Claim No. 123724, Motion No. M-85469 M-85469
Court reviewed documents in camera and determined that the documents were not relevant and did not need to be provided to Claimant.
Score: 678 February 3, 2015 2015-040-006 : CAMPO v. STATE OF NEW YORK, # 2015-040-006, Claim No. NONE, Motion No. M-85688 M-85688
Pro se prisoner's motion to file a late claim pursuant to Court of Claims Act 10(6) granted in part and denied in part.
Score: 696 February 2, 2015 2015-018-608 : MORRIS v. STATE OF NEW YORK, # 2015-018-608, Claim No. 124822, Motion No. M-85772 M-85772
Motion to dismiss granted for failure to state a cause of action on which relief may be granted.
Score: 420 January 30, 2015 2015-045-001 : ALTO v. THE STATE OF NEW YORK, # 2015-045-001, Claim No. 122437, Motion No. M-85825 M-85825
Claimant moves for an order striking a rebuttal engineering report when the original expert report was prepared by an appraiser.