New York State Court of Claims

New York State Court of Claims

Search the opinions of the New York Court of Claims

Fill in as much as you know:
Keywords to search for:
UID:
Judge:
Claimant:
Claim or motion number:
Decided before:
Decided after:
use and, or, not -- and is default
* acts as wildcard, phrases in "double quotes"

Your query court returned 50 results.

Score: 420 April 4, 2014 2014-032-108 : SEBASTIAN v. THE STATE OF NEW YORK, # 2014-032-108, Claim No. 108919, Motion No. M-84373 M-84373
Score: 815 March 21, 2014 2014-039-401 : ESPINAL v. STATE OF NEW YORK, # 2014-039-401, Claim No. 115488, Motion No. M-84459 M-84459
Defendant's motion to dismiss the claim is granted. Claimant failed to serve a copy of the claim upon the Attorney General's Office by an authorized method.
Score: 518 March 19, 2014 2014-040-013 : ALEXANDER v. THE STATE OF NEW YORK, # 2014-040-013, Claim No. 115778 
Court finds that Claimant failed to establish by a preponderance of the credible evidence that State was responsible for losing his personal property.
Score: 626 March 19, 2014 2014-040-014 : HEMBY v. THE STATE OF NEW YORK, # 2014-040-014, Claim No. 113993 
Claimant, a prisoner at Greene CF, was injured while working in the mess hall. He was burned by steam while using a kettle. Court finds Claimant failed to establish that Defendant was negligent.
Score: 744 March 14, 2014 2013-032-016 : DREVER v. THE STATE OF NEW YORK, # 2013-032-016, Claim No. 118931, Motion No. M-81791, Cross-Motion No. CM-82218 M-81791
Score: 600 March 14, 2014 2014-038-513 : DAVIS v. THE STATE OF NEW YORK; CITY OF NEW YORK; OFFICE OF THE DISTRICT ATTORNEY, KINGS COUNTY, # 2014-038-513, Claim No. 123008, Motion No. M-83909 M-83909
Defendant's motion to dismiss the claim granted. Claim did not state year of accrual, and therefore failed to clearly state the
Score: 498 March 14, 2014 2013-032-103 : CRANE HOGAN v. THE STATE OF NEW YORK, # 2013-032-103, Claim No. 118281, Motion No. M-83966, Cross-Motion No. CM-84051 M-83966
Score: 798 March 11, 2014 2014-029-017 : HARRISON v. THE STATE OF NEW YORK, # 2014-029-017, Claim No. 119293, Motion No. M-84614 M-84614
CPLR 3211e which requires that a motion to dismiss based on improper service be made within 60 days of serving the answer does not apply in the Court of Claims because the Court of Claims Act has not yet been amended to conform with it. Thus, defendant's motion to dismiss was timely even though brought on the eve of trial. Nevertheless, defendant waived the defense, which implicates personal, not subject matter, jurisdiction, by serving answers to this and another claim with the wrong claim numbers on them, thus violating Court of Claims Act section 11b which requires that defenses based on lack of personal jurisdiction be set forth in the answer with particularity or be waived and, once waived, cannot be the basis for dismissal.
Score: 670 March 10, 2014 2014-040-012 : GOLL v. THE STATE OF NEW YORK, # 2014-040-012, Claim No. 117987, 119083, Motion No. M-84290 M-84290
Claims alleging negligence by DMV dismissed as Claimant asserts DMV action was ministerial in nature and Claimant failed to establish he was owed a special duty as required by McLean line of cases.
Score: 498 March 10, 2014 2014-040-011 : SMITH v. THE STATE OF NEW YORK, # 2014-040-011, Claim No. 121664, Motion No. M-84558 M-84558
Pro se Claimant's motion for reargument of summary judgment denied.
Score: 475 March 10, 2014 2014-040-010 : ALEXANDER v. THE STATE OF NEW YORK, # 2014-040-010, Claim No. 123714, Motion No. M-84555 M-84555
Pro se Claimant's motion for poor person status, assignment of counsel and an alternate method of service of the Claim upon Defendant denied.
Score: 555 March 5, 2014 2014-045-008 : HAGAN v. THE STATE OF NEW YORK, # 2014-045-008, Claim No. 122027, Motion No. M-84156 M-84156
Defendant's motion to dismiss claim against DEC due to, inter alia, failure to comply with CCA 11(b) and malicious prosecution claim not ripe.
Score: 420 March 4, 2014 2014-045-007 : WALEK v. THE STATE OF NEW YORK, # 2014-045-007, Claim No. None, Motion No. M-84442 M-84442
Pro Se late claim motion denied for failure to include a Proposed Claim with the motion.
Score: 449 March 3, 2014 2014-032-015 : DALE v. THE STATE OF NEW YORK, # 2014-032-015, Claim No. 117317 
Score: 600 February 27, 2014 2014-018-505 : CIERI v. STATE OF NEW YORK, # 2014-018-505, Claim No. 119736, Motion No. M-84294 M-84294
Neither the contractual documents for this project nor Claimant's testimony reflects any supervisory control by the State, authorized or exercised. Defendant has met its burden to establish that the State may not be held liable under Labor Law section 200 or the common law. Those causes of action must be dismissed. Defendant has not established, as a matter of law, that the reshoring poles were properly braced or tied together or that Claimant failed to install the reshoring poles as he was directed. Defendant's motion is granted in part and denied in part.
Score: 388 February 27, 2014 2014-032-013 : GRANT v. THE STATE OF NEW YORK, # 2014-032-013, Claim No. 117057 
Score: 420 February 26, 2014 2014-009-004 : BROWN v. THE STATE OF NEW YORK, # 2014-009-004, Claim No. 123385, Motion No. M-84118, Cross-Motion No. CM-84187 M-84118
Claimant's motion for permission to file a late claim was denied due to the fact that any alleged negligence was based on actions of Monroe County employees and there was no allegations of any State misconduct.
Score: 570 February 25, 2014 2014-039-400 : DEMPSEY v. STATE OF NEW YORK, # 2014-039-400, Claim No. 117503 
Following a trial, the Court finds that claimant has failed to establish his negligence claim against defendant. Claimant presented no evidence establishing any breach of duty by the correction officers charged with transporting claimant, an inmate. Claimant also presented no proof upon which defendant could be held liable for the actions of a third party, namely the forklift driver who rear-ended the van in which claimant was riding.
Score: 475 February 24, 2014 2014-038-509 : COPPER v. THE STATE OF NEW YORK, # 2014-038-509, Claim No. 123453, Motion No. M-84498 M-84498
In response to the Court's Order to Show Cause, claimant failed to demonstrate that the claim was ever served upon the Attorney General, and the time within which to do so has expired. The claim is dismissed for lack of jurisdiction.
Score: 236 February 21, 2014 2014-015-480 : MOLLOY v. THE STATE OF NEW YORK, # 2014-015-480, Claim No. 121709, Motion No. M-84297 M-84297
Application for pro hac vice admission was granted.
Score: 347 February 21, 2014 2014-038-510 : BARNES v. THE STATE OF NEW YORK, # 2014-038-510, Claim No. 116057, Motion No. M-84603 M-84603
Defendant's motion to dismiss claim for lack of personal jurisdiction due to improper manner of service (first class mail) is granted.
Score: 449 February 21, 2014 2014-038-511 : KNIGHT v. THE STATE OF NEW YORK, # 2014-038-511, Claim No. 117731, Motion No. M-84393 M-84393
Claimant's motion to renew denied.
Score: 570 February 20, 2014 2014-038-508 : PRINCE v. THE STATE OF NEW YORK, # 2014-038-508, Claim No. 122700, Motion No. M-83957 M-83957
Defendant's motion to dismiss claim on timeliness grounds granted. Claim did not clearly state a proper accrual date, and claimant's opposition to motion did not clarify the propriety of that date. Thus, Court could not determine whether claim accrued within 90 days of its service upon the Attorney General.
Score: 757 February 19, 2014 2014-018-504 : SAFRAN v. STATE OF NEW YORK, # 2014-018-504, Claim No. 122919, Motion No. M-84285 M-84285
This Court does not have the authority to grant habeas corpus relief or to review another Court's determination regarding the legality of a criminal sentence or the denial of a writ of habeas corpus. Although the Court does have jurisdiction to hear violations of the New York State Constitution, where another remedy is available, such as an appeal, it is unnecessary to resort to a constitutional tort cause of action. Defendant's motion is granted and the claim is dismissed.
Score: 347 February 18, 2014 2014-015-478 : TAFARI v. THE STATE OF NEW YORK, # 2014-015-478, Claim No. 117074, Motion No. M-84540 M-84540
Inmate's motion for trial subpoenas was denied as he failed to establish the relevance and necessity of the proposed witnesses' anticipated testimony.
Score: 537 February 18, 2014 2014-038-506 : GUILLORY v. OFFICE OF THE ATTORNEY GENERAL ERIC SCHNEIDERMAN - ATTORNEY GENERAL DOUGLAS GOGLIA - ASSISTANT ATTORNEY GENERAL, # 2014-038-506, Claim No. 122675, Motion No. M-84158 M-84158
Defendant's motion to dismiss claim granted. Statement by AAG in memorandum of law submitted to the federal district court was pertinent to the proceeding, and therefore absolutely privileged.
Score: 637 February 13, 2014 2014-048-129 : JONES v. THE STATE OF NEW YORK, # 2014-048-129, Claim No. 119239, Motion No. M-84244 M-84244
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: 388 February 11, 2014 2014-029-009 : BELL v. THE STATE OF NEW YORK, # 2014-029-009, Claim No. 117182 
Court finds no liability for inmate injury caused by slip and fall on icy patch. Record showed reasonable effort was made to clear ice and snow and there were clear areas where claimant could have walked with no risk of slipping.
Score: 687 February 10, 2014 2014-039-399 : HILLER v. STATE OF NEW YORK, # 2014-039-399, Claim No. 112054 
Following a trial, the Court finds that claimant failed to prove his negligence claim against defendant by a preponderance of the evidence. By voluntarily participating in a pick-up game of basketball, claimant assumed the risk of colliding with partially-extended bleachers located approximately 3 to 5 feet behind the basket.
Score: 498 February 10, 2014 2014-038-504 : WORD v. THE STATE OF NEW YORK, # 2014-038-504, Claim No. 119778, Motion No. M-84348 M-84348
Claimant's second motion to renew denied. Sole cited decision from 1979 does not reflect a change in the law that would change this Court's determination in 2011, nor does the motion assert any new facts that would change the prior determination.
Score: 626 February 10, 2014 2013-029-039 : PIERRE v. THE STATE OF NEW YORK, # 2013-029-039, Claim No. 123053-A, Motion No. M-83896 M-83896
Late filing motion granted in pro se claim seeking property damage to car from pothole. DOT Small Claim form attached to motion papers was adequate as proposed claim. Analysis of proposed claim based on standards applicable to timely filed claims is unwarranted and improper.
Score: 347 February 7, 2014 2013-010-075 : WILLER v. THE STATE OF NEW YORK, # 2013-010-075, Claim No. 122313, Motion Nos. M-84067, CM-84284, M-84396 M-84067, CM-84284, M-84396
Claimant's motion for summary judgment on wrongful excessive confinement granted.
Score: 722 February 7, 2014 2014-038-101 : CAMPBELL v. THE STATE OF NEW YORK, # 2014-038-101, Claim No. 104376 
Claim by incarcerated individual alleging improper handling of legal mail by DOCCS employees dismissed after trial. Although bailment claim was not sent to the Attorney General by CMRRR and was therefore dismissed, claimant's motion for late claim relief was granted, and thus, he did not sustain damages, an element of a negligence tort.
Score: 570 February 6, 2014 2014-039-398 : COFFIN v. STATE OF NEW YORK, # 2014-039-398, Claim No. 121149 
Following a trial, the Court finds that claimant has failed to establish his claim of negligence against defendant. The State does not dispute that claimant, an inmate, was a passenger in a State
Score: 498 February 6, 2014 2014-040-008 : WILLIAMS v. THE STATE OF NEW YORK, # 2014-040-008, Claim No. 118552, Motion No. M-84443 M-84443
Pro se Claimant's request to amend his Claim for the second time denied.
Score: 728 February 6, 2014 2014-040-007 : DOCTER o/b/o MASSARO v. THE STATE OF NEW YORK, # 2014-040-007, Claim No. 118214, Motion No. CM-80489 CM-80489
Following a hearing, the Court denies request of Movant to be appointed guardian ad litem .
Score: 475 February 6, 2014 2014-029-013 : LOUGHLIN v. THE STATE OF NEW YORK, # 2014-029-013, Claim No. 121996, Motion No. M-84018, Cross-Motion No. CM-84141 M-84018
Claimants granted summary judgment of liability for violation of their right of sepulcher based upon finding that correctional facility personnel did not exercise reasonable effort to locate deceased inmate's known next of kin prior to having him buried in the prison yard. One month later, when the inmate's prior DIN numbers were checked, his daughter's phone number was located and the inmate had to be exhumed.
Score: 420 February 4, 2014 2014-028-505 : PETERSON v. THE STATE OF NEW YORK, # 2014-028-505, Claim No. 120381, Motion No. M-84316 M-84316
Claimant's motion to compel discovery of a correction officer's personnel file was held in abeyance while the correction officer was given notice of the motion and an opportunity to be heard as mandated by Civil Rights Law 50-a (2).
Score: 537 February 4, 2014 2014-039-396 : WILLETT, Jr. v. STATE OF NEW YORK, # 2014-039-396, Claim No. 119205, Motion No. M-84097 M-84097
Claimants' unopposed motion to voluntarily discontinue the claim is granted.
Score: 299 February 4, 2014 2014-041-011 : MOSBY v. THE STATE OF NEW YORK, # 2014-041-011, Claim No. 115977, Motion No. M-84392 M-84392
Claimant's motion for an order compelling disclosure is denied with leave to renew where claimant filed a subsequent motion for summary judgment pursuant to CPLR 3212, triggering a stay of disclosure pursuant to CPLR 3214.
Score: 570 February 4, 2014 2014-029-011 : SMART v. THE STATE OF NEW YORK, # 2014-029-011, Claim No. 123178, Motion No. M-84181 M-84181
1. Defendant's pre answer motion to dismiss on grounds of immunity is denied. Claimant's allegations that she was not afforded her constitutional and statutory rights at the underlying prison disciplinary proceeding were not refuted by defendant's submission. 2. Claimant attaching a copy of her Article 78 petition to the claim rather than repeating the allegations did not violate the pleading requirements of the Court of Claims Act.
Score: 299 February 4, 2014 2012-010-045 : STEPHENS v. THE STATE OF NEW YORK, # 2012-010-045, Claim No. 117371 
No evidence to establish that claimant was struck by a correction officer.
Score: 149 February4, 2014 2014-028-506 : SACHS v. THE STATE OF NEW YORK, # 2014-028-506, Claim No. 122079, Motion No. M-84422 M-84422
Claimant's motion to compel discovery is denied as moot.
Score: 600 February 4, 2014 2014-028-504 : HINCHEY v. THE STATE OF NEW YORK, # 2014-028-504, Claim No. 121331, Motion No. M-83787 M-83787
Motion to amend the answer is denied as GOL 9-103 does not have to be pled as an affirmative defense; motion to compel discovery of Claimant's social media accounts is granted to the extent that in camera inspection of the information is ordered.
Score: 518 February 4, 2014 2014-032-101 : PULLYBLANK v. THE STATE OF NEW YORK, # 2014-032-101, Claim No. 118280, Motion No. M-84080, Cross-Motion No. CM-84179 M-84080
Defendant's motion for summary judgment is granted on the basis that the statements were not susceptible of a defamatory meaning and claimant failed to plead special damages.
Score: 585 February 4, 2014 2014-029-010 : ASBERY v. THE STATE OF NEW YORK, # 2014-029-010, Claim No. 122630, Motion No. M-84278 M-84278
Court grants claimant's motion to amend claim to reflect correct accrual date of April 18, 2011 rather than April 10, 2010. The underlying incident was a major fire at the correctional facility involving the local fire department and press reports questioning the timeliness of the response. The typographical error, in this case, had no jurisdictional implication because it did not serve to undermine defendant's ability to investigate the underlying incident.
Score: 750 February 4, 2014 2014-039-397 : FUENTES v. STATE OF NEW YORK, # 2014-039-397, Claim No. 123425, Motion No. M-84326 M-84326
Defendant's pre-answer motion to dismiss the claim is denied. The Court rejects defendant's argument that the claim is untimely; claimant had not yet been released from the challenged confinement when he filed this claim, and his claim for damages had not yet accrued. The Court also denies the motion inasmuch as it seeks dismissal for failure to state a cause of action.
Score: 498 February 3, 2014 2014-015-471 : COBB v. THE STATE OF NEW YORK, # 2014-015-471, Claim No. 121703, Motion No. M-84142 M-84142
Unserved claim was dismissed.
Score: 613 February 3, 2014 2014-040-005 : WATERS v. THE STATE OF NEW YORK, # 2014-040-005, Claim No. NONE, Motion No. M-84395 M-84395
Motion pursuant to CCA 10(8) to treat Notice of Intention as a Claim denied.
Score: 659 February 3, 2014 2014-040-003 : FARID v. THE STATE OF NEW YORK, # 2014-040-003, Claim No. 117563, 118346 
Pro se Claimant's Claims dismissed for failure to prosecute pursuant to CPLR 3216.