New York State Court of Claims

New York State Court of Claims

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Score: 744 October 27, 2014 2014-018-541 : CIERI v. STATE OF NEW YORK, # 2014-018-541, Claim No. 119736, Motion No. M-85461 M-85461
Defendant brought a motion for failure to prosecute which was granted to the extent that if Claimant does not file a note of issue or have an attorney file a notice of appearance on or before December 15, 2014, the claim will be dismissed on December 16, 2014.
Score: 613 October 27, 2014 2014-018-542 : MOSBY v. STATE OF NEW YORK, # 2014-018-542, Claim No. 121105, Motion No. M-85512 M-85512
Claimant's motion to compel the production of certain documents pursuant to CPLR 3124 is GRANTED in part and DENIED in part as more fully set forth in the Decision and Order.
Score: 728 October 23, 2014 2014-010-065 : ALLEN v. THE STATE OF NEW YORK, # 2014-010-065, Claim No. 121835, Motion No. M-85174, Cross-Motion Nos. CM-85453, CM-85454 M-85174
Dismissal of false arrest, malicious prosecution; untimely late claim.
Score: 678 October 21, 2014 2014-048-161 : DAVIS v. STATE OF NEW YORK, # 2014-048-161, Claim No. None, Motion No. M-84843 M-84843
The Court granted Claimant's motion seeking permission to file a late claim pursuant to Court of Claims Act Section 10 (6).
Score: 659 October 20, 2014 2014-045-030 : REILLY v. THE STATE OF NEW YORK, # 2014-045-030, Claim No. None, Motion No. M-85305 M-85305
Late claim motion. Decedent's vehicle stuck by another vehicle on the shoulder of the Meadowbrook Parkway due to a downed merge sign.
Score: 388 October 16, 2014 2014-009-034 : ROSARIO v. THE STATE OF NEW YORK, # 2014-009-034, Claim No. 122021, Motion No. M-84916, Cross-Motion No. CM-85114 M-84916
Defendant's motion for summary judgment and claimant's cross motion for partial summary judgment based upon allegations of wrongful confinement at Auburn correctional Facility were both denied.
Score: 347 October 15, 2014 2014-048-160 : DENNIS v. THE STATE OF NEW YORK, # 2014-048-160, Claim No. 100787, Motion No. M-85741 M-85741
The Court granted Claimant's Motion for the issuance of a subpoena duces tecum
Score: 498 October 14, 2014 2014-044-009 : LIVINGSTON v. THE STATE OF NEW YORK, # 2014-044-009, Claim No. 114167 
After trial, Court found defendant liable for medical negligence due to its failure to provide inmate claimant with prescribed eye drops for over a month, despite claimant's repeated requests.
Score: 299 October 8, 2014 2014-041-057 : TINSLEY v. THE STATE OF NEW YORK, # 2014-041-057, Claim No. 124513, Motion No. M-85370 M-85370
Motion to dismiss claim for lack of jurisdiction due to untimely filing and service of claim is denied with leave to renew.
Score: 648 October 7, 2014 2014-041-056 : HARRIS v. THE STATE OF NEW YORK, # 2014-041-056, Claim No. 124114, Motion No. M-85010, Cross-Motion No. CM-85167 M-85010
Service of claim upon Attorney General by regular mail more than ninety days after accrual is insufficient to obtain jurisdiction over defendant.
Score: 770 October 7, 2014 2014-044-556 : SMALL v. THE STATE OF NEW YORK, # 2014-044-556, Claim No. None, Motion No. M-85366 M-85366
Court denies inmate's motion to treat notice of intention as a claim.
Score: 498 October 6, 2014 2014-018-538 : ARROYO v. STATE OF NEW YORK, # 2014-018-538, Claim No. 124398, Motion No. M-85341 M-85341
Claim is dismissed for failure to state a cause of action under CPLR 3211 (a) (7).
Score: 498 October 6, 2014 2014-018-537 : SAAVEDRA v. STATE OF NEW YORK, # 2014-018-537, Claim No. 124399, Motion No. M-85336 M-85336
Claim is dismissed for failure to state a cause of action under CPLR 3211 (a) (7).
Score: 722 October 6, 2014 2014-039-431 : CRUZ v. STATE OF NEW YORK, # 2014-039-431, Claim No. 119312 
Following a trial on liability, the Court finds that claimant has proven his negligence claim against defendant. The evidence before the Court establishes that defendant's employee was negligent in failing to adequately look to his left before making a right-hand turn onto a highway, causing his vehicle to strike the bicycle claimant was riding. However, claimant was also negligent in failing to use reasonable care for his safety and to keep a reasonably vigilant lookout for vehicles. The Court apportions liability 60% against the defendant and 40% against the claimant.
Score: 498 October 6, 2014 2014-018-533 : BRYANT v. STATE OF NEW YORK, # 2014-018-533, Claim No. 124400, Motion No. M-85342 M-85342
Claim is dismissed for failure to state a cause of action under CPLR 3211 (a) (7).
Score: 648 October 2, 2014 2014-018-536 : Liberty Mutual v. STATE OF NEW YORK, # 2014-018-536, Claim No. 124316, Motion No. M-85128 M-85128
Defendant brings a pre-answer motion to dismiss the claim for lack of person and subject matter jurisdiction and for dismissal pursuant to CPLR 3211 (a) (4). Defendant's motion is denied in all respects and it has 30 days from the filing date of this motion to file and serve its verified answer.
Score: 449 October 1, 2014 2014-041-055 : MCFADDEN v. THE STATE OF NEW YORK, # 2014-041-055, Claim No. 113641, Motion No. M-85361 M-85361
Claimant's motion for an order settling the record on appeal is denied where claimant fails to submit a proposed record on appeal for the Court's review and consideration.
Score: 704 September 30, 2014 2014-018-534 : ROBINSON v. STATE OF NEW YORK, # 2014-018-534, Claim No. 117140, Motion No. M-85136, Cross-Motion No. CM-85417 M-85136
Defendant's motion for summary judgment for lack of subject matter jurisdiction is denied. Defendant's summary judgment motion for lack of foreseeability and discretionary acts is also denied because of questions of fact. Claimant's cross motion for summary judgment is denied due to questions of fact.
Score: 347 September 30, 2014 2014-018-535 : DONHAUSER v. STATE OF NEW YORK, # 2014-018-535, Claim No. 123976, Motion No. M-85327 M-85327
Claimant brings a motion for summary judgment asserting Defendant's defenses are without merit and should be dismissed as a matter of law. The Court grants the motion to the extent Defendant's eighth and tenth affirmative defenses are dismissed. The balance of Claimant's is denied.
Score: 518 September 29, 2014 2014-045-028 : HOMER v. THE STATE OF NEW YORK, # 2014-045-028, Claim No. 118564, Motion No. M-84679 M-84679
Claimant's motion for summary judgment.
Score: 449 September 29, 2014 2014-010-063 : TERZANI v. JASON FITZPATRICK & THE STATE OF NEW YORK, # 2014-010-063, Claim No. NONE, Motion No. M-85521 M-85521
Movant's late claim application granted, defendant does not effectively argue undue prejudice.
Score: 449 September 29, 2014 2014-010-064 : HOUSTON v. THE STATE OF NEW YORK, # 2014-010-064, Claim No. NONE, Motion No. M-85317 M-85317
Movant's late claim application granted, claimant has shown appearance of merit and defendant has not effectively argued undue prejudice.
Score: 449 September 29, 2014 2014-044-555 : BROWN v. THE STATE OF NEW YORK, # 2014-044-555, Claim No. 124283, Motion No. M-85269, Cross-Motion No. CM-85436 M-85269
Court granted defendant's motion for summary judgment in inmate's claim for wrongful confinement.
Score: 388 September 26, 2014 2014-010-062 : DAUM v. THE STATE OF NEW YORK, # 2014-010-062, Claim No. 124609, Motion No. M-85498, Cross-Motion No. CM-85550 M-85498
Defendant's motion for summary judgment granted, claim not timely commenced.
Score: 449 September 26, 2014 2014-010-061 : GARBUTT v. THE STATE OF NEW YORK, # 2014-010-061, Claim No. 124584, Motion No. M-85458 M-85458
Defendant's motion to dismiss claim granted, claim not timely commenced.
Score: 236 September 26, 2014 2015-041-052 : WORD v. THE STATE OF NEW YORK, # 2015-041-052, Claim No. 124300, Motion Nos. M-85284, M-85357 M-85284, M-85357
Claimant's motion to dismiss defenses is denied where claimant fails to show that the defenses lacked merit; claimant's motion for summary judgment is denied for failure to attach pleadings.
Score: 388 September 26, 2014 2014-010-058 : HARVEY v. THE STATE OF NEW YORK, # 2014-010-058, Claim No. 124621, Motion No. M-85470 M-85470
Defendant motion to dismiss granted, claim served by regular mail.
Score: 388 September 26, 2014 2014-010-059 : SILER v. THE STATE OF NEW YORK, DEPARTMENT OF CORRECTIONS SERVICES, et al., # 2014-010-059, Claim No. 124088, Motion No. M-85490 M-85490
Claimant's motion for default judgmentdenied, defendant timely served claimant with an answer and filed a copy with the Court.
Score: 149 September 25, 2014 2014-031-052 : McFADDEN v. THE STATE OF NEW YORK, # 2014-031-052, Claim No. 121863, Motion No. M-84794 M-84794
Claimant's use of interrogatories on a non-party is inappropriate, and his motion to compel such disclosure from Defendant is denied.
Score: 659 September 25, 2014 2014-044-538 : BROOME v. THE STATE OF NEW YORK, # 2014-044-538, Claim No. 117395, Motion No. M-84592 M-84592
Court granted defendant's motion for summary judgment on the cause of action for negligent design, but held that questions of fact precluded summary judgment for defendant on the causes of action for negligent failure to enact appropriate dust control measures and negligent failure to properly supervise the construction project.
Score: 626 September 24, 2014 2014-044-554 : FLUELLEN v. THE STATE OF NEW YORK, # 2014-044-554, Claim No. 122845, Motion No. M-84915 M-84915
Court grants defendant's motion for summary judgment solely with regard to cause of action for medical malpractice in claim for medical malpractice/wrongful death of inmate.
Score: 626 September 24, 2014 2014-044-008 : IDEAL v. THE STATE OF NEW YORK, # 2014-044-008, Claim No. 118326 
After trial, Court found that defendant was entitled to qualified immunity on cause of action for negligent design of drainage system. Further, claimant failed to establish a cause of action for negligent construction, and failed to meet its burden of proof of notice regarding negligent maintenance claim. No liability.
Score: 518 September 24, 2014 2014-050-047 : KELLY v. THE STATE OF NEW YORK, # 2014-050-047, Claim No. NONE, Motion No. M-85143 M-85143
Motion for permission to file a late claim granted. The proposed claim sets forth causes of action alleging discrimination based on sexual orientation and retaliation, each pursuant to New York State Humans Rights Law (HRL) 290 et. seq.
Score: 388 September 24, 2014 2014-045-027 : TERRY v. THE STATE OF NEW YORK, # 2014-045-027, Claim No. 119696, Motion No. M-85043, Cross-Motion No. CM-85406 M-85043
Claimant's motion seeking permission to file a fifth amended claim. Claimant also seeks to renew and reargue this Court's prior Decision and Order in this matter. Defendant's cross-motion for sanctions.
Score: 613 September 23, 2014 2014-044-527 : BARNES v. THE STATE OF NEW YORK, # 2014-044-527, Claim No. 116902, Cross-Motion No. CM-82965 
Court grants claimant's request for an in camera review of State Police Investigative Report pertaining to claim that Troopers failed to arrest claimant's decedent for driving while intoxicated. Decedent died in a car accident subsequent to the stop by Troopers.
Score: 518 September 22, 2014 2014-041-509 : MATIAS v. THE STATE OF NEW YORK, # 2014-041-509, Claim No. 114900, Motion No. M-83798 M-83798
Claim for medical malpractice is dismissed after trial. Claimant failed to prove by a preponderance of the credible evidence that defendant's care of his ruptured Achilles tendon deviated from acceptable medical practice.
Score: 498 September 19, 2014 2014-045-026 : CLAUDIO v. THE STATE OF NEW YORK, # 2014-045-026, Claim No. 123972, Motion No. M-85265 M-85265
Defendant's motion seeking dismissal of the claim for a lack of subject matter jurisdiction, CPLR 3211(a)2 and a failure to state a cause of action, CPLR 3211(a)7.
Score: 863 September 19, 2014 2014-040-046 : ANDREYEV v. THE STATE OF NEW YORK, # 2014-040-046, Claim No. 112244 
Claimant fell from a raised walkway in front of a store. It is asserted the walkway resulted from a roadway reconstruction project in which the State was involved. Court finds State immune from liability under doctrine of qualified immunity.
Score: 600 September 18, 2014 2014-040-045 : REED v. THE STATE OF NEW YORK, # 2014-040-045, Claim No. 124359, Motion No. M-85386 M-85386
Prisoner bailment Claim dismissed as Claimant failed to exhaust his administrative remedies prior to commencing this action in accord with CCA 10(9). Also, Claimant failed to serve the Claim upon the Attorney General.
Score: 449 September 18, 2014 2014-031-051 : PETERSON v. THE STATE OF NEW YORK, # 2014-031-051, Claim No. None, Motion No. M-84903 M-84903
Claimant failed to demonstrate either a reasonable excuse for his delay in filing or the appearance of merit to his proposed claim for illegal confinement. His motion for permission to file a late claim is denied.
Score: 236 September 17, 2014 2014-048-159 : GREEN v. THE STATE OF NEW YORK, # 2014-048-159, Claim No. 123812, Motion No. M-85257 M-85257
Claimant's motion for summary judgment denied as he failed to establish his prima facie entitlement thereto.
Score: 678 September 17, 2014 2014-041-051 : TRAMMELL v. THE STATE OF NEW YORK, # 2014-041-051, Claim No. 124461, Motion No. M-85285 M-85285
Claim alleging that defendant violated inmate/claimant's state constitutional rights by denying admission to protective custody is dismissed where claimant had adequate alternative remedy in CPLR Article 78; CPLR 3211 (a) (7) motion to dismiss inmate lost property claim for failure to state a cause of action based on failure of claimant to exhaust his administrative remedy is denied where claimant submits sworn proof that he complied with administrative remedy requirement.
Score: 704 September 17 2014 2014-048-158 : SIOLESKI v. THE STATE OF NEW YORK, # 2014-048-158, Claim No. 117356, 117413, Motion No. M-84979 M-84979
The Court dismissed the Claim, concluding that it lacked subject matter jurisdiction over the matter based on Claimant's failure comply with the service requirements of Court of Claims Act 11 (a) (i).
Score: 570 September 16, 2014 2014-048-157 : HODGES v. THE STATE OF NEW YORK, # 2014-048-157, Claim No. 114558, Motion No. M-85202 M-85202
The Court granted Defendant's motion to dismiss the Claim for failure to prosecute.
Score: 626 September 16, 2014 2014-044-551 : WILLIAMS v. THE STATE OF NEW YORK, # 2014-044-551, Claim No. None, Motion No. M-85203 M-85203
Inmate claimant granted permission to late file claim for personal injuries allegedly incurred in an inmate-on-inmate assault.
Score: 585 September 16, 2014 2014-044-553 : CASTILLO v. THE STATE OF NEW YORK, # 2014-044-553, Claim No. 113945, Motion No. M-85090, Cross-Motion No. CM-85385 M-85090
Inmate claimant's motion for summary judgment in inmate-on-inmate assault case denied; defendant's cross-motion for summary judgment also denied, but some causes of action dismissed.
Score: 744 September 16, 2014 2014-044-552 : OLLMAN v. THE STATE OF NEW YORK, # 2014-044-552, Claim No. None, Motion No. M-85330 M-85330
Court denied inmate's motion for permission to late file claim for unjust conviction and wrongful confinement.
Score: 555 September 15, 2014 2014-048-155 : DELEON v. THE STATE OF NEW YORK, # 2014-048-155, Claim No. None, Motion No. M-85268 M-85268
The Court denied Claimant's motion seeking late Claim relief, finding that the cause of action alleging wrongful confinement was untimely.
Score: 613 September 15, 2014 2014-044-546 : MAZZARESE v. THE STATE OF NEW YORK, # 2014-044-546, Claim No. 121063, Motion No. M-85028 M-85028
Defendant's motion for summary judgment granted on the issue of whether legal access to an appropriated property existed at the time of appropriation.
Score: 537 September 15, 2014 2014-048-156 : MARTIN v. THE STATE OF NEW YORK, # 2014-048-156, Claim No. None, Motion No. M-85282 M-85282
The Court denied Claimant's motion, made pursuant to Court of Claims Act 10 (6), to file a late claim, finding that it lacked subject matter jurisdiction over claims against the Madison County Sheriff.