New York State Court of Claims

New York State Court of Claims

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Score: 149 April 18, 2016 2016-041-018 : DAVIS v. THE STATE OF NEW YORK, # 2016-041-018, Claim No. 120927, Motion No. M-87876, Cross-Motion No. CM-88099 M-87876
Claimant's motion for summary judgment in dental malpractice claim is denied where claimant fails to provide a complete copy of the pleadings with motion; defendant's cross-motion for summary judgment dismissing the claim is granted as claimant fails to raise a material issue of fact in opposition to defendant's competent admissible proof showing that no dental malpractice or negligence occurred in claimant's dental care.
Score: 750 April 7, 2016 2016-040-022 : VAIL v. THE STATE OF NEW YORK, # 2016-040-022, Claim No. 121595 
Claim dismissed for failure to prosecute.
Score: 299 April 6, 2016 2016-053-515 : McRAE v. THE STATE OF NEW YORK, # 2016-053-515, Claim No. 125817, Motion No. M-87786 M-87786
Claimant's motion for summary judgment in a claim alleging that Defendant failed to administer necessary dental care is denied for failure to submit an affidavit of a medical expert.
Score: 299 March 31, 2016 2016-038-518 : WHITE v. THE STATE OF NEW YORK, # 2016-038-518, Claim No. 125219, Motion No. M-87604 M-87604
Claimant's motion for an order compelling responses to a request for admissions and document demand denied. A notice to admit pursuant to CPLR 3123 is self-effectuating, and a motion to compel a response to such a notice is unnecessary and improper. Moreover, defendant's submission on the motion included its response to the notice to admit and the document that claimant requested, and claimant offered no objection thereto, and thus, the motion was moot.
Score: 687 March 31, 2016 2016-040-021 : OPPENHEIMER v. THE STATE OF NEW YORK, # 2016-040-021, Claim No. 123377, Motion No. M-87655, Cross-Motion No. CM-87826 M-87655
Claimant's motion for summary judgment denied. State's cross-motion to dismiss granted in part.
Score: 570 March 31, 2016 2016-038-516 : GREEN v. STATE OF NEW YORK, # 2016-038-516, Claim No. 124418, Motion No. M-87707 M-87707
Claimant's motion for reargument denied. No showing that Court overlooked or misapprehended matters of fact or law in denying claimant's motion for summary judgment. Claimant's motion was unsupported by sufficient evidence to bear his burden of demonstrating his entitlement to judgment as a matter of law, and he cited no authority for the proposition that the Court should have overlooked this omission pursuant to CPLR 2001 and/or considered evidence submitted by defendant in opposition to claimant's motion and in support of its cross motion for summary judgment.
Score: 613 March 30, 2016 2016-018-713 : MOSBY v. STATE OF NEW YORK, # 2016-018-713, Claim No. 121105, Motion No. M-85512 M-85512
Claimant brought a motion (M-85512) to compel Defendant's responses on previous discovery demands, to which Defendant objected. The Court directed Defendant to provide certain information in camera. This Decision and Order directs what information shall be disclosed, upon the execution of a confidentiality agreement. Claimant's motion is granted on the issues unresolved by this Court's Decision and Order dated Oct. 27, 2014, only to the extent set forth herein.
Score: 555 March 30, 2016 2016-041-016 : LAPIERRE v. THE STATE OF NEW YORK, # 2016-041-016, Claim No. 123678, Motion No. M-88006 M-88006
Claimant's motion to treat his prior motion to compel production of the Department of Correction and Community Services Inspector General case file relating to the incident underlying the excessive force/assault claim to a motion for penalties and sanctions is denied; claimant's motion for a default judgment and to strike defendant's affirmative defenses is denied.
Score: 555 March 29, 2016 2016-041-015 : ADAMS v. THE STATE OF NEW YORK, # 2016-041-015, Claim No. 127120, Motion No. M-87875 M-87875
Claim is dismissed since it was not served on the Attorney General in the manner strictly required by the Court of Claims Act.
Score: 420 March 28, 2016 2016-045-007 : SAVOCA v. STATE OF NEW YORK, # 2016-045-007, Claim No. 124263, Motion No. M-86797 M-86797
follow up order dismissing claim after motion to be relieved as counsel.
Score: 420 March 28, 2016 2016-045-006 : RICHARDS v. STATE OF NEW YORK, # 2016-045-006, Claim No. 125277, Motion No. M-86949 M-86949
follow up order dismissing claim after motion to be relieved as counsel.
Score: 475 March 24, 2016 2016-016-022 : MANI v. SUNY DOWNSTATE MEDICAL CENTER, # 2016-016-022, Claim No. None, Motion No. M-87938 M-87938
Score: 449 March 24, 2016 2016-018-711 : YOUNG v. STATE OF NEW YORK, # 2016-018-711, Claim No. NONE, Motion No. M-87951 M-87951
Late claim application denied - previously granted.
Score: 570 March 24, 2016 2016-018-709 : McRAE v. STATE OF NEW YORK, # 2016-018-709, Claim No. 123943, Motion No. M-87507 M-87507
Information necessary to comply with Court of Claims Act 11 (b) was not supplied, and this Court lacks authority to vacate or expunge the findings of a tier hearing and the issue was previously decided by another court. Claimant's motion is denied.
Score: 475 March 22, 2016 2016-016-021 : CHON v. BARUCH COLLEGE and CITY UNIVERSITY OF NEW YORK, # 2016-016-021, Claim No. 122153, Motion No. M-87695, Cross-Motion No. CM-87894 M-87695
Score: 600 March 21, 2016 2016-053-513 : SMASZCZ v. THE STATE OF NEW YORK, # 2016-053-513, Claim No. 114284, Motion No. M-87952 M-87952
A motion to compel further production of documents, including psychiatric patient records, is denied as the law of the case doctrine applies and requires this Court not to modify a prior order.
Score: 613 March 21, 2016 2016-038-105 : MEDINA v. STATE OF NEW YORK, # 2016-038-105, Claim No. 123949 
Claimant, an individual incarcerated in a State correctional facility, did not prove by a preponderance of the credible evidence that a correction officer was unauthorized to use force, that he did not reasonably believe that the use of force was necessary under the circumstances, or that the degree of force used by him was unreasonable. The Court did not credit claimant's version of the event, and the fact that the CO was a younger and larger man than claimant does not necessarily mean that the use of force was excessive.
Score: 518 March 15, 2016 2016-038-513 : YEFIMOVA v. NYS DEPARTMENT OF MOTOR VEHICLES, # 2016-038-513, Claim No. 126729, Motion No. M-87649 M-87649
Defendant's motion to dismiss in lieu of answer for failure to comply with the pleading requirements of Court of Claims Act 11(b) granted. Incomprehensible allegations about car insurance, along with lack of a complete accrual date, do not allow the State to investigate the basis for its alleged liability.
Score: 585 March 11, 2016 2016-040-020 : ALEXANDER v. THE STATE OF NEW YORK, # 2016-040-020, Claim No. 120911 
Court finds Claimant failed to establish that medical care provided for his leg brace, shoulder and chest pain was not appropriate or adequate. Claim dismissed.
Score: 449 March 9, 2016 2016-045-002 : HARDIE v. THE STATE OF NEW YORK, # 2016-045-002, Claim No. 125102, Motion No. M-87460 M-87460
Pro se motion to enter into a stipulation.
Score: 570 March 8, 2016 2016-045-502 : HOMER v. THE STATE OF NEW YORK, # 2016-045-502, Claim No. 118564 
Negligence only claim by worker injured in bucket truck under the loop parkway bridge. Damages decision.
Score: 537 March 8, 2016 2016-050-016 : THORNTON v. THE STATE OF NEW YORK, # 2016-050-016, Claim No. 87767, Motion No. M-87459 M-87459
This action for damages for medical malpractice was pending for 20 years when it was transferred to the undersigned in 2014. The law firm of Brody, O'Conner & O'Conner, Esqs. now moves for leave to withdraw. Claimant opposes the requested relief. The motion was an eleventh hour effort to be released from proceeding to trial, the granting of which would leave claimants in the lurch and based upon the foregoing, the motion was in all respects denied.
Score: 149 March 7, 2016 2016-016-016 : LITTLES v. THE STATE OF NEW YORK BCPC BRONX STATE HOSPITAL, # 2016-016-016, Claim No. 126139, Motion No. M-87521 M-87521
Score: 659 March 7, 2016 2016-016-015 : LITTLES v. NEW YORK STATE FAMILY COURT JUDGE KAREN I. LUPULOFF, # 2016-016-015, Claim No. 126138, Motion No. M-87520 M-87520
Score: 299 March 2, 2016 2016-041-012 : H'SHAKA v. THE STATE OF NEW YORK, # 2016-041-012, Claim No. 127076, Motion No. M-87995 M-87995
Defendant's motion to dismiss lost personal property claim based upon claimant's alleged failure to exhaust his administrative remedy is denied where claimant provides uncontradicted proof of having exhausted his administrative remedy.
Score: 737 March 2, 2016 2016-040-018 : BOWLES v. STATE OF NEW YORK, JUDGE CATHRINE M. DOYLE, COUNTY COURT OF ALBANY COUNTY & APPELLATE DIVISION 3RD DISTRICT, # 2016-040-018, Claim No. 120934, Motion No. M-87849 M-87849
Claimant's motion for reargument and renewal denied.
Score: 449 March 2, 2016 2016-040-019 : LALLAVE v. THE STATE OF NEW YORK, # 2016-040-019, Claim No. 126893, Motion No. M-87811 M-87811
Pro se Claimant's motion for summary judgment denied.
Score: 555 March 1, 2016 2016-018-714 : MASCIOTTA v. STATE OF NEW YORK, # 2016-018-714, Claim No. 126970, Motion Nos. M-87618, M-87777 M-87618, M-87777
Claim dismissed for untimely service. Claimant's motion to proceed as a poor person and for counsel denied as moot.
Score: 856 February 29, 2016 2016-029-018 : SUAREZ v. THE STATE OF NEW YORK, # 2016-029-018, Claim No. 121254 
The court denied defendant's application to confirm CPLR 5519(a)(1) automatic stay of damages trial pending appeal from liability decision and order. The court's statement in the decision and order, that it would schedule a damages trial, is not a proceeding to enforce the judgment or order.
Score: 537 February 29, 2016 2016-018-716 : MATTHEWS v. STATE OF NEW YORK, # 2016-018-716, Claim No. 126660, Motion No. M-87742 M-87742
Claim dismissed pursuant to sections 11 (a) and (b) of the Court of Claims Act.
Score: 585 February 29, 2016 2016-041-013 : MUNIZ v. THE STATE OF NEW YORK, # 2016-041-013, Claim No. 125635, Motion No. M-87931 M-87931
Defendant's motion to dismiss claim for failing to adequately state the nature of the claim, as required by Court of Claims Act 11 (b), is denied.
Score: 555 February 26, 2016 2016-018-704 : McRAE v. STATE OF NEW YORK, # 2016-018-704, Claim No. 125067, Motion No. M-87771 M-87771
Claimant's motion to file late appeal denied. The notice of appeal had to be filed on or before August 12, 2015, and this was not done. This Court has no authority to extend the time for Claimant to take an appeal.
Score: 626 February 26, 2016 2016-040-017 : LAMB v. THE STATE OF NEW YORK, # 2016-040-017, Claim No. 104422 
Court finds that Claimant failed to establish State was responsible for Claimant's fall in his cell.
Score: 637 February 24, 2016 2016-040-015 : JONES v. THE STATE OF NEW YORK, # 2016-040-015, Claim No. 122999 
Court finds State not liable in connection with Claimant's Claim regarding reasonable accommodations for a prison program.
Score: 388 February 23, 2016 2016-040-013 : RIVERA v. THE STATE OF NEW YORK, # 2016-040-013, Claim No. 126265, Motion No. M-87855 M-87855
Motion for poor personj status and assignment of counsel denied.
Score: 613 February 23, 2016 2016-040-014 : FUNCHES v. STATE OF NEW YORK, # 2016-040-014, Claim No. 126639, Motion Nos. M-87497, M-87642 M-87497, M-87642
Claimant's motion to amend Claim denied and State's motion to dismiss portion of Claim granted.
Score: 518 February 16, 2016 2016-040-012 : SIE v. STATE OF NEW YORK, # 2016-040-012, Claim No. 125780, Motion No. M-87595 M-87595
Claim dismissed as Claimant failed to establish he served Claim upon Defendant.
Score: 696 February 11, 2016 2016-040-011 : CABASSA v. THE STATE OF NEW YORK, # 2016-040-011, Claim No. 119018 
Court finds State responsible for Claim's slip and fall on ice at correctional facility as it was a known recurring dangerous condition.
Score: 388 February 10, 2016 2016-040-010 : RIVERA v. THE STATE OF NEW YORK, # 2016-040-010, Claim No. 126029, Motion No. M-87789 M-87789
Motion for poor person status and assignment of counsel denied.
Score: 570 February 5, 2016 2016-038-103 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-038-103, Claim No. 118678 
Defendant found liable after trial for negligent bailment. Claimant's excess property was not shipped to claimant's home, although he offered postage stamps to pay for shipping. Damages awarded for books and comic books, no award made for legal documents in the absence of evidence that they were material to a pending or future proceeding and evidence of cost of replacement.
Score: 713 February 4, 2016 2016-040-009 : SCHWENDENMANN v. STATE OF NEW YORK, # 2016-040-009, Claim No. 125415, Motion No. M-87411, Cross-Motion No. CM-87593 M-87411
Claimant's motion to compel discovery adjourned to allow Court to conduct in camera inspection. State's cross-motion to serve and file an amended Answer granted.
Score: 388 January 29, 2016 2016-040-008 : BLANDING v. THE STATE OF NEW YORK, # 2016-040-008, Claim No. 126589, Motion No. M-87638 M-87638
Claimant's motion for a trial preference denied.
Score: 613 January 28, 2016 2016-038-508 : WHITE v. THE STATE OF NEW YORK, # 2016-038-508, Claim No. 126367, Motion No. M-87251 M-87251
Claimant's motion for equitable and declaratory relief denied. Claim alleges that defendant, as claimant's employer, was deducting moneys from her paychecks illegally. Court of Claims could not order defendant to cease and desist and repay claimant for moneys deducted absent a determination on the merits that defendant was not authorized to do so. Thus, relief sought was in the nature of a remedy at law, not equity. Further, the Court of Claims is not the appropriate court in which to request declaratory relief.
Score: 449 January 28, 2016 2016-009-004 : FLYNN v. THE STATE OF NEW YORK, # 2016-009-004, Claim No. 126679, Motion Nos. M-87539, M-87545 M-87539, M-87545
Defendant's motion to dismiss this claim, requesting relief pursuant to Article 78 of the CPLR, was granted.
Score: 637 January 28, 2016 2016-029-011 : RICHARDS v. THE STATE OF NEW YORK, # 2016-029-011, Claim No. 122513 
After video trial of pro se bailment claim by inmate, the court denied defendant's motion to dismiss, and found that defendant was negligent in failing to return to claimant his confiscated items after his release from the special housing unit. Damages were limited to non-perishable items that did not appear on the I-64 form he signed after his release, in which he acknowledged receipt of the listed items. Total damages awarded amounted to $311.61.
Score: 449 January 28, 2016 2016-040-007 : MILLER v. THE STATE OF NEW YORK, # 2016-040-007, Claim No. 125418-A, Motion No. M-87549, Cross-Motion No. CM-87647 M-87549
Claimant's motion for summary judgment denied. Defendant's cross-motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7) denied.
Score: 637 January 28, 2016 2016-015-116 : KKS v. THE STATE OF NEW YORK, # 2016-015-116, Claim No. 116797, Motion No. M-87243, Cross-Motion No. CM-87414 M-87243
In this appropriation claim, the Court denied claimant's motion for partial summary judgment and granted defendant's cross-motion declaring that one of claimant's remaining parcels is not landlocked.
Score: 420 January 27, 2016 2016-038-507 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-507, Claim No. None, Motion No. M-87419 M-87419
Motion for late claim relief for proposed claim sounding in unlawful confinement denied as unnecessary. At the time of the motion, claimant remained incarcerated, and thus, the claim for unlawful confinement that arose from defendant's alleged failure to timely release him from incarceration had yet to accrue.
Score: 347 January 26, 2016 2016-016-009 : BETHEA v. THE STATE OF NEW YORK, # 2016-016-009, Claim No. 126914, Motion No. M-87751, Cross-Motion No. CM-87860 M-87751
Score: 537 January 26, 2016 2016-016-010 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-016-010, Claim No. None, Motion No. M-87741 M-87741