New York State Court of Claims

New York State Court of Claims

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Score: 585 January 11, 2017 2016-032-165 : GASPARRO v. THE STATE OF NEW YORK, # 2016-032-165, Claim No. 125665, Motion No. M-89097 M-89097
Defendant's motion to dismiss is granted, as claimant failed to serve his notice of intention to file a claim within 90 days of accrual.
Score: 498 December 21, 2016 2016-040-107 : FUNCHES v. STATE OF NEW YORK, # 2016-040-107, Claim No. 126639, Motion No. M-89124 M-89124
Pro se Claimant's motion to strike the State's Answer and for summary judgment denied.
Score: 537 December 20, 2016 2016-032-162 : FORD v. THE STATE OF NEW YORK, # 2016-032-162, Claim No. 127457, Motion No. M-89199, Cross-Motion No. CM-89330 M-89199
Claim sounding in violations of claimant's right to privacy, copyright infringement, and breach of certain provisions of the Uniform Commercial Code is dismissed.
Score: 600 December 8, 2016 2016-053-544 : MARSH v. STATE OF NEW YORK, # 2016-053-544, Claim No. NONE, Motion No. M-89331 M-89331
Motion for permission to file a late claim pursuant to Court of Claims Act 10 (6) denied without prejudice to further motion. Movant failed to offer excuse for failure to timely serve and did not submit any evidentiary proof to establish a meritorious claim. In addition, the proposed claim fails to comply with Court of Claims Act 11 (b) as it contains only generalized allegations of negligent, careless and reckless behavior.
Score: 420 December 7, 2016 2016-041-099 : LOPER v. THE STATE OF NEW YORK, # 2016-041-099, Claim No. 123629, Motion No. M-89351 M-89351
Claimant's motion for partial summary judgment in wrongful confinement action based upon administratively annulled disciplinary determination is denied where claimant fails to satisfy his initial burden to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's alleged violation of disciplinary hearing rules and regulations and fails to show, as a matter of law, that the alleged violation caused prejudice to claimant at the disciplinary hearing.
Score: 648 December 6, 2016 2016-018-757 : MORSE v. STATE OF NEW YORK, # 2016-018-757, Claim No. 128452, Motion No. M-89323 M-89323
Defendant brings a pre-answer motion to dismiss the claim. Defendant's motion is granted to the extent that Claimant's request for damages for the loss of his legal file and all other items, other than the crucifix, are DISMISSED. The claim remains for the lost crucifix.
Score: 555 December 6, 2016 2016-041-098 : PHILLIPS v. THE STATE OF NEW YORK, # 2016-041-098, Claim No. 128394, Motion No. M-89164, Cross-Motion No. CM-89261 M-89164
Claimant's motion for an injunction is denied; defendant's cross-motion to dismiss the claim as barred by the time limitations set forth in the Court of Claims Act and by the applicable statute of limitations, is granted.
Score: 626 December 6, 2016 2016-030-618 : TORRES v. THE STATE OF NEW YORK, # 2016-030-618, Claim No. 126496, Motion No. M-88890, Cross-Motion No. CM-89223 M-88890
Defendant's cross-motion to dismiss based upon lack of verification denied. Although defendant rejected and returned unverified pleading, failed to timely move or assert defense in answer.
Score: 449 December 6, 2016 2016-041-097 : GARNES v. THE STATE OF NEW YORK, # 2016-041-097, Claim No. 128415, Motion No. M-89420 M-89420
Defendant's motion to dismiss untimely wrongful confinement claim is granted.
Score: 659 December 2, 2016 2016-018-755 : MATTHEWS v. STATE OF NEW YORK, # 2016-018-755, Claim No. 126660, Motion No. M-89286, Cross-Motion No. CM-89379 M-89286
Claimant brings motion to reargue a prior motion. Defendant opposes brings cross-motion for the imposition of sanctions. Motion and cross-motion DENIED.
Score: 518 December 2, 2016 2016-038-571 : McRAE v. THE STATE OF NEW YORK, # 2016-038-571, Claim No. 127945, Motion Nos. M-88715, M-88829 M-88715, M-88829
Defendant's first motion to dismiss for untimely service and improper manner of service dismissed as moot. Claimant served a second claim. Defendant's motion to dismiss second served claim granted on timeliness grounds. Acts complained of occurred more than 10 years prior to service of the claim, and the continuing acts doctrine did not toll the Court of Claims Act time requirements or statutes of limitations because that doctrine is predicated upon continuing tortious acts, not continuing injury from prior tortious acts.
Score: 518 December 2, 2016 2016-038-569 : SMITH v. THE STATE OF NEW YORK, # 2016-038-569, Claim No. 120561, Motion No. M-88929 M-88929
Defendant's motion to dismiss claim for lack of service denied. Documents filed with the claim demonstrate that the claim was served upon the Attorney General approximately two months prior to when the claim was filed with the Clerk of the Court of Claims.
Score: 659 December 2, 2016 2016-038-570 : REEDER v. STATE OF NEW YORK, # 2016-038-570, Claim No. NONE, Motion No. M-88818 M-88818
Motion for permission to file and serve a late claim pursuant to Court of Claims Act 10 (6) granted in part and claimant may file a claim alleging that he was assaulted on the date specified in the proposed claim. Allegations of other facts in claimant's affidavit are not set forth in the proposed claim and allegations in the proposed claim of other dates are unsupported by allegations giving rise to a cause of action. Thus, late claim relief is granted in part.
Score: 570 December 1, 2016 2016-018-760 : KEITT v. STATE OF NEW YORK, # 2016-018-760, Claim No. 128438, Motion No. M-89313 M-89313
Claimant failed to meet the pleading requirements of Court of Claims Act section 11 (b). Defendant's motion GRANTED, claim DISMISSED.
Score: 600 December 1, 2016 2016-018-752 : LAMPHERE v. STATE OF NEW YORK, # 2016-018-752, Claim No. 127967, Motion No. M-89284 M-89284
Defendant brought a pre-answer motion to dismiss pursuant to Court of Claims section 11 (b). claimant has provided sufficient information to meet the jurisdictional requirements. Defendant's motion is denied.
Score: 670 December 1, 2016 2016-040-105 : CLARK v. THE STATE OF NEW YORK, # 2016-040-105, Claim No. 126827, Motion No. M-88947, Cross-Motion No. CM-88904 M-88947
State's motion to dismiss Claim and Amended Claim granted in part and Claimant's cross-motion to compel is granted.
Score: 585 November 30, 2016 2016-018-751 : HEAD v. STATE OF NEW YORK, # 2016-018-751, Claim No. NONE, Motion No. M-89217 M-89217
Movant's late claim application denied pursuant to a prior determination by another Court of competent jurisdiction.
Score: 518 November 28, 2016 2016-040-104 : CLARK v. THE STATE OF NEW YORK, # 2016-040-104, Claim No. 127581, Motion No. M-88884, Cross-Motion No. CM-89073 M-88884
Claimant's motion to compel answers to interrogatories denied. State's cross-motion to dismiss amended claim granted in part.
Score: 518 November 28, 2016 2016-040-103 : ROBINSON v. THE STATE OF NEW YORK, # 2016-040-103, Claim No. 119772 
Claimant failed to establish that Defendant failed to use due care in the handling and preparation of food served to inmates.
Score: 388 November 28, 2016 2016-040-102 : JONES v. THE STATE OF NEW YORK, # 2016-040-102, Claim No. 126453, Motion No. M-88840 M-88840
Claimant's motion for summary judgment denied.
Score: 236 November 21, 2016 2016-031-094 : THOMASULO v. THE STATE OF NEW YORK, # 2016-031-094, Claim No. 122216, Motion No. M-88672 M-88672
Defendant has demonstrated that it did not direct or control Claimant's work, that no defective condition existed and that even if one did there is no evidence that Defendant created or had notice of such defect. Defendant's motion to dismiss claim based upon a violation of Labor Law 200 is granted.
Score: 347 November 21, 2016 2016-031-089 : WYZYKOWSKI v. THE STATE OF NEW YORK, # 2016-031-089, Claim No. 125390, Motion No. M-88520 M-88520
Defendant has demonstrated that its maintenance of the ice surface of skating rink was reasonable and that it had no notice of a defective condition on the ice surface. In response, Claimant failed to demonstrate that a defective condition existed, or if one did, that Defendant created or had notice of such condition.
Score: 388 November 21, 2016 2016-016-059 : GONZALEZ v. STATE OF NEW YORK, # 2016-016-059, Claim No. 127132, Motion No. M-89085, Cross-Motion No. CM-89463 M-89085
Score: 498 November 21, 2016 2016-015-184 : JOHNSON v. THE STATE OF NEW YORK, # 2016-015-184, Claim No. 116286, Motion No. M-88899 M-88899
Defendant's motion to dismiss the claim for improper service was granted and the claim dismissed.
Score: 236 November 21, 2016 2016-016-060 : LOPEZ v. THE STATE OF NEW YORK, # 2016-016-060, Claim No. 124441, Motion No. M-89263, Cross-Motion No. CM-89329 M-89263
Score: 750 November 17, 2016 2016-040-101 : T.M.K. v. THE STATE OF NEW YORK, # 2016-040-101, Claim No. 111928 
Court finds that Claimant failed to establish that Defendant was negligent with regard to injuries he sustained when he was assaulted by a fellow inmate.
Score: 149 November 17, 2016 2016-041-511 : SMITH v. THE STATE OF NEW YORK, # 2016-041-511, Claim No. 124039 
Score: 704 November 16, 2016 2016-040-100 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-040-100, Claim No. NONE, Motion No. M-88887 M-88887
Movant's motion to serve and file a Claim late pursuant to CCA 10(6) granted.
Score: 555 November 15, 2016 2016-040-097 : REED v. THE STATE OF NEW YORK, # 2016-040-097, Claim No. 127463, Motion No. M-89000 M-89000
Claimant's motion for renewal pursuant to CPLR 2221(a) and (e) denied.
Score: 537 November 15, 2016 2016-040-096 : CADET v. THE STATE OF NEW YORK, # 2016-040-096, Claim No. 126752, Motion No. M-88895, Cross-Motion No. CM-88973 M-88895
Claimant's motion for summary judgment denied and State's cross-motion for summary judgment to dismiss on basis Claim fails to meet particularity requirements of CCA 11(b) granted.
Score: 570 November 15, 2016 2016-029-089 : DEAN/CARSON v. THE STATE OF NEW YORK, # 2016-029-089, Claim No. 120620 
During Hurricane Irene, a 100 to 200-year storm, claimant incurred flooding damage to its commercial properties in Tappan, Rockland County. Claimant sought damages alleging negligence in the design, construction, maintenance and refurbishing of the Route 9W Bridge over Sparkill Creek, and negligence in the design and construction of the Palisades Interstate Parkway. The court found defendant immune from liability for design negligence and all other causes of action, and dismissed the claim.
Score: 420 November 15, 2016 2016-018-749 : YOUNG v. STATE OF NEW YORK, # 2016-018-749, Claim No. 127901, Motion No. M-89101 M-89101
Claimant's motion for leave to amend his claim is granted.
Score: 555 November 15, 2016 2016-040-099 : GILLESPIE v. THE STATE OF NEW YORK, # 2016-040-099, Claim No. 128277, Motion No. M-89106 M-89106
State's pre-Answer motion to dismiss on the basis the Claim fails to meet the pleading requirements of CCA 11(b) granted.
Score: 420 November 15, 2016 2016-040-098 : McLEAN v. THE STATE OF NEW YORK, # 2016-040-098, Claim No. 127725, Motion No. M-89080 M-89080
Motion to amend Claim denied as no proposed Amended Claim submitted. To the extent Claimant is seeking summary judgment, that motion is denied.
Score: 648 November 14, 2016 2016-018-748 : WALTON v. STATE OF NEW YORK, # 2016-018-748, Claim No. NONE, Motion No. M-88893 M-88893
The document filed with the Clerk of the Court and treated as a motion by the Clerk's Office is DENIED. Claimant may proceed with the notice of intention served on July 8, 2016, and file and serve a verified claim in compliance with Court of Claims Act section 11-a, or he may bring a motion for permission to file a late claim.
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: 555 November 9, 2016 2016-018-745 : JEAN v. STATE OF NEW YORK, # 2016-018-745, Claim No. 128313, Motion No. M-89184 M-89184
Claim is dismissed - improper service upon the Attorney General.
Score: 420 November 9, 2016 2016-041-092 : FOX v. THE STATE OF NEW YORK, # 2016-041-092, Claim No. 120769, Motion No. M-89192 M-89192
Claim for money damages alleging that Oneida County Court Judge denied claimant the protection of the New York State Constitution by allegedly denying claimant's right to effective counsel in a criminal proceeding is dismissed because defendant is immune from civil liability for acts done in the exercise of judicial function.
Score: 420 November 9, 2016 2016-041-093 : BENNETT v. THE STATE OF NEW YORK, # 2016-041-093, Claim No. 127322, Motion No. M-89269 M-89269
Defendant's motion to dismiss inmate personal property claim for failure of claimant to exhaust his administrative remedy as required by Court of Claims Act 10 (9) is granted.
Score: 388 November 9, 2016 2016-015-181 : VAZQUEZ v. THE STATE OF NEW YORK, # 2016-015-181, Claim No. 111893-B, Motion No. M-88746 M-88746
Claim was dismissed for lack of service following claimant's failure to appear on the return date of the court-issued order to show cause.
Score: 555 November 9, 2016 2016-015-180 : BROWN v. THE STATE OF NEW YORK, # 2016-015-180, Claim No. 124731, Motion No. M-88892 M-88892
Pro se inmate's motion for a change of venue based upon his fears for his own safety in the event he is transferred for trial was denied. Should DOCCS determine there is a legitimate concern for claimant's safety, future arrangements can be made for a remote video trial from the prison in which claimant then resides.
Score: 420 November 7, 2016 2016-044-012 : GRAHAM v. THE STATE OF NEW YORK, # 2016-044-012, Claim No. 122092 
Claim for injuries incurred when jogger tripped on state-owned bridge dismissed after trial; defect causing fall trivial in nature, readily apparent, and no proof of notice to defendant in any event.
Score: 809 November 4, 2016 2016-038-116 : GRAHAM v. THE STATE OF NEW YORK, # 2016-038-116, Claim No. 121940 
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: 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: 537 November 3, 2016 2016-015-177 : GEICO v. THE STATE OF NEW YORK, # 2016-015-177, Claim No. 126164, Motion No. M-88857 M-88857
Claim was dismissed for lack of service.
Score: 420 November 3, 2016 2016-015-176 : SANCHEZ v. THE STATE OF NEW YORK, # 2016-015-176, Claim No. NONE, Motion No. M-88850 M-88850
Pro se inmate's motion for late claim relief was denied with leave to renew because he failed to serve the Attorney General's office with all of his motion papers.
Score: 299 November 2, 2016 2016-015-175 : CLAY v. THE STATE OF NEW YORK, # 2016-015-175, Claim No. 122338, Motion No. M-88721 M-88721
Defendant's motion to dismiss claimant's bailment claim as untimely filed and served was denied because it failed to establish the date the administrative appeal decision, which
Score: 449 November 1, 2016 2016-041-510 : RIOS v. THE STATE OF NEW YORK, # 2016-041-510, Claim No. 124237 
Claim alleging that defendant negligently caused claimant to be injured by defective portable fan is dismissed after trial where portable fan was not integral to, or a commonly used tool or piece of equipment in, claimant's work as an inmate porter and where no proof was offered to show that defendant either created, or had notice of, defective condition of portable fan.