New York State Court of Claims

New York State Court of Claims

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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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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.
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: 696 September 15, 2014 2014-044-550 : RUMPH v. THE STATE OF NEW YORK, # 2014-044-550, Claim No. None, Motion No. M-85068 M-85068
Court granted inmate's motion for permission to file late claim for injuries allegedly received in inmate-on-inmate assault.
Score: 626 September 10, 2014 2014-048-154 : SMITH v. THE STATE OF NEW YORK, # 2014-048-154, Claim No. 110018, Motion No. M-84980 M-84980
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: 537 September 10, 2014 2014-041-050 : GALBERTH v. THE STATE OF NEW YORK, # 2014-041-050, Claim No. NONE, Motion No. M-85331 M-85331
Claimant's motion for reconsideration is denied where movant failed to serve motion on the Attorney General, failed to file or serve motion papers underlying the prior decision and order, failed to show that the court overlooked or misapprehended the facts and/or the law, offered no new facts in admissible form which would change the prior determination and failed to provide a reasonable justification for the failure to present any such facts on the prior motion.
Score: 388 September 8, 2014 2014-041-049 : ALI v. THE STATE OF NEW YORK, # 2014-041-049, Claim No. 123950, Motion Nos. M-84911, M-85184 M-84911, M-85184
Service of claim upon Attorney General by USPS priority mail is insufficient to obtain jurisdiction over defendant.
Score: 637 September 5, 2014 2014-032-016 : FISHBURNE v. THE STATE OF NEW YORK, # 2014-032-016, Claim No. 119146 
The Court awards claimant $30,000.00 for the wrist fracture she sustained as a result of an automobile accident in which defendant admitted liability.
Score: 420 September 5, 2014 2014-044-545 : HORSEHEADS v. THE STATE OF NEW YORK, # 2014-044-545, Claim No. 121012, Motion No. M-85027 M-85027
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: 518 September 3, 2014 2014-044-543 : SUBA v. THE STATE OF NEW YORK, # 2014-044-543, Claim No. 117559, Motion No. M-84758 M-84758
Court granted defendant's motion for summary judgment in inmate's claim for medical malpractice/negligence, as well as assault.
Score: 420 September 2, 2014 2014-041-508 : JOHNSON v. THE STATE OF NEW YORK, # 2014-041-508, Claim No. 121218 
Inmate/claimant who slipped and fell on prison walkway while winter storm was in progress failed to prove by a preponderance of the credible evidence that the defendant was negligent in its snow removal planning or practices where no slips or falls were reported that day prior to claimant's fall, despite substantial inmate pedestrian movement, no complaints of icy conditions were made to defendant and no persuasive proof was presented to establish that defendant created a dangerous condition upon which claimant slipped and fell.
Score: 659 September 2, 2014 2014-044-540 : LANDO v. THE STATE OF NEW YORK, # 2014-044-540, Claim No. 119551, Motion No. M-85271 M-85271
Claimant's EDPL 701 motion for additional allowance granted.
Score: 475 August 27, 2014 2014-041-506 : KOVALENKO v. NEW YORK STATE THRUWAY AUTHORITY, # 2014-041-506, Claim No. 118509 
Claimant, who suffered a patellar fracture to her right knee after falling in parking lot, was hospitalized for four days, underwent surgery to repair fracture and whose activities and lifestyle have been detrimentally affected, is awarded $100,000 for past pain and suffering, together with $225,000 for future pain and suffering, and spouse is awarded $10,000 for his derivative cause of action, for a total award of $335,000. Award is reduced by the previously determined 50% level of culpability attributed to claimant by this Court's liability decision, resulting in a judgment of $167,500 in damages.
Score: 626 August 27, 2014 2014-041-507 : BATES v. THE STATE OF NEW YORK, # 2014-041-507, Claim No. 120790 
Defendant is found 100% liable for claimant's fall and injuries, sustained by claimant on untreated ice on the exposed 8 th floor of the Capital District Psychiatric Center parking garage, when claimant was visiting to take a civil service exam.
Score: 475 August 27, 2014 2014-038-539 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-539, Claim No. 112711, Motion No. M-85054 M-85054
Defendant's motion to dismiss on jurisdictional grounds granted. Claim was not served by CMRRR.
Score: 449 August 27, 2014 2014-038-540 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-540, Claim No. 112099, Motion No. M-84966 M-84966
Defendant's motion to dismiss granted. Neither the claim nor the notice of intention to file the claim was served within 90 days of accrual.
Score: 236 August 26, 2014 2014-018-532 : FIGUEROA v. STATE OF NEW YORK, # 2014-018-532, Claim No. 124282, Motion No. M-85294 M-85294
The fact that Claimant proceeded safely and did not contribute to his injuries, does not establish that Defendant's defense lacks all merit. There can be more than one proximate cause of an incident ( Cox v Nunez , 23 AD3d 427, 427 [2d Dept 2005]). Defendant has stated a viable defense. Claimant's motion is DENIED.
Score: 713 August 26, 2014 2014-039-429 : GONZALEZ v. STATE OF NEW YORK, # 2014-039-429, Claim No. 121550, Motion No. M-85301 M-85301
Defendant's motion to dismiss the claim is granted. The claim is untimely, as the claim was not filed and served within 90 days of accrual, and the notice of intention to file a claim, while timely, was not served by an authorized method.
Score: 347 August 26, 2014 2014-010-049 : JACKSON v. THE STATE OF NEW YORK, # 2014-010-049, Claim No. 124471, Motion No. M-85372 M-85372
defendant's motion to dismiss GRANTED, not commenced within 90 days of accrual, jurisdictional defect
Score: 420 August 26, 2014 2014-009-030 : POLANCO v. THE STATE OF NEW YORK, # 2014-009-030, Claim No. 123819, Motion No. M-84740 M-84740
Defendant's motion to dismiss this claim seeking damages based upon allegations that claimant was improperly and negligently denied parol release was granted based upon the absolute immunity applicable to determinations of the Parole Board.
Score: 537 August 25, 2014 2014-040-044 : JONES v. THE STATE OF NEW YORK, # 2014-040-044, Claim No. 122999, Motion No. M-84730, Cross-Motion No. CM-85051 M-84730
Claimant's motion for summary judgment denied and cross-motion to dismiss for failure to state a cause of action denied.
Score: 600 August 22, 2014 2014-039-426 : WATERS v. STATE OF NEW YORK, # 2014-039-426, Claim No. 123896, Motion No. M-85139 M-85139
Claim is dismissed on the Court's motion (Order to Show Cause). Claimant has failed to sustain his burden of proving that the claim was properly served upon the Attorney General. Defendant has demonstrated that the claim was not, in fact, served upon the Attorney General.
Score: 824 August 21, 2014 2014-009-103 : CORTLAND v. THE STATE OF NEW YORK, # 2014-009-103, Claim No. 116186 
Claimant, a car dealership, was awarded damages arising the partial appropriation property located in Cortland County.
Score: 449 August 20, 2014 2014-048-152 : HERNANDEZ v. THE STATE OF NEW YORK, # 2014-048-152, Claim No. 119760, Motion No. M-85036 M-85036
The Court denied Claimant's motion to compel discovery, as there was no evidence that Claimant first served Defendant with discovery demands pursuant to Article 31 of the CPLR.
Score: 420 August 20, 2014 2014-044-535 : McMANUS v. THE STATE OF NEW YORK, # 2014-044-535, Claim No. 120899, Motion No. M-84589, Cross-Motion No. CM-85069 M-84589
Court grants defendant's summary judgment motion in claim for defamation and false arrest, and denies claimant's motion to amend the claim. Claimant failed to set forth the precise words used in the alleged defamation. Moreover, claimant's detention and questioning was privileged as a matter of law, under the circumstances.
Score: 299 August 20, 2014 2014-038-538 : LOPER v. THE STATE OF NEW YORK, # 2014-038-538, Claim No. 123629, Motion No. M-84939 M-84939
Claimant's motion to compel response to notice to admit denied as improper and unnecessary.
Score: 613 August 19, 2014 2014-038-537 : JOHNSON v. STATE OF NEW YORK, # 2014-038-537, Claim No. 114829, Motion No. M-84882 M-84882
Claimant's motion for poor person relief on appeal of order of the Court of Claims is denied because such an application must be made to the appellate court that will hear the appeal.
Score: 613 August 19, 2014 2014-038-536 : JOHNSON v. STATE OF NEW YORK, # 2014-038-536, Claim No. 114212, Motion No. M-85133 M-85133
Claimant's motion for poor person relief on appeal of order of the Court of Claims is denied because such an application should be made to the appellate court that will hear the appeal.
Score: 770 August 18, 2014 2013-032-121 : MCGOVERN v. THE STATE OF NEW YORK, # 2013-032-121, Claim No. 115693, Motion No. M-83733, Cross-Motion No. CM-83823 M-83733
In this wrongful confinement claim, the Court denied claimant's motion for summary judgment and granted defendant's cross motion for summary judgment on the basis that it was reasonable for DOCCS to interpret the subject sentences as it did and further, because DOCCS' calculations were consistently based upon facially valid documents.
Score: 420 August 15, 2014 2014-038-535 : McKINLEY v. THE STATE OF NEW YORK, # 2014-038-535, Claim No. 114237, Motion No. M-84949 M-84949
Defendant's motion to dismiss on jurisdictional grounds granted. Defendant demonstrated that claim was not served upon the Attorney General, and claimant did not oppose the motion or otherwise submit credible proof that the claim was so served.
Score: 236 August 13, 2014 2014-010-047 : COOK v. THE STATE OF NEW YORK, # 2014-010-047, Claim No. 121354 
force used to subdue claimant was reasonable under the circumstances and was not excessive or in violation of any policy or procedure.
Score: 585 August 11, 2014 2014-039-422 : COLE v. STATE OF NEW YORK, # 2014-039-422, Claim No. 123686, Motion No. M-84899 M-84899
Claimant's motion for summary judgment on his claim that he was assaulted by a correction officer is denied. Claimant's evidence demonstrates that issues of fact exist as to whether the use of force against claimant, an inmate, by a correction officer or officers was unreasonable or excessive.
Score: 776 August 6, 2014 2014-039-420 : JOHNSON v. STATE OF NEW YORK and the NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, # 2014-039-420, Claim No. 120901 
Following a bifurcated trial on the issue of liability, the Court finds that claimant has failed to prove his negligence claim against defendant. Claimant offered insufficient credible evidence establishing that the ski lift chair that he was loading was at an improper height, or that defendant's employees were otherwise negligent in monitoring the chairlift or assisting claimant with loading.
Score: 537 August 6, 2014 2014-039-421 : COLE v. STATE OF NEW YORK, # 2014-039-421, Claim No. 119269, Motion No. M-84757 M-84757
Claimant's motion for summary judgment on his claim that he was assaulted by a correction officer is denied. Defendant's evidence - in particular the affidavit of the correction officer - raises issues of fact for trial.
Score: 236 August 6, 2014 2014-041-047 : ANDERSON v. THE STATE OF NEW YORK, # 2014-041-047, Claim No. 122301, Motion No. M-85288 M-85288
Claimant's motion for an order granting poor person status and for appointment of counsel is denied.