New York State Court of Claims

New York State Court of Claims

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Score: 518 March 31, 2015 2015-032-002 : PORTER v. THE STATE OF NEW YORK, # 2015-032-002, Claim No. 122569 
Score: 449 March 25, 2015 2015-041-508 : DEMAILLE v. THE STATE OF NEW YORK, # 2015-041-508, Claim No. 112117 
Claim alleging medical malpractice and/or negligence is dismissed after trial where trial record was devoid of expert medical proof that defined the standard of care to which claimant was entitled, established that defendant's actions, or inactions, in its treatment of claimant's medical conditions deviated from the standard of care owed claimant or that demonstrated defendant's medical care of claimant, if found to be substandard, proximately caused claimant any injury or damage.
Score: 449 March 23, 2015 2015-045-502 : HOMER v. THE STATE OF NEW YORK, # 2015-045-502, Claim No. 118564 
Negligence only claim by worker injured in bucket truck under the loop parkway bridge.
Score: 600 March 18, 2015 2014-039-437 : LUCAS v. STATE OF NEW YORK, # 2014-039-437, Claim No. 119207 
The claim is dismissed following a trial on the issue of damages. Claimant failed to prove that he suffered a serious injury within the meaning of the Insurance Law as a result of the car accident.
Score: 475 March 9, 2015 2015-040-013 : LEE v. THE STATE OF NEW YORK, # 2015-040-013, Claim No. 119053 
Court finds State not liable for inmate-on-inmate assault.
Score: 449 March 2, 2015 2015-018-612 : STEVENSON v. STATE OF NEW YORK, # 2015-018-612, Claim No. 117084 
Claimant failed to establish he suffered injuries due to Defendant's negligence.
Score: 299 February 27, 2015 2015-041-023 : CORREA v. THE STATE OF NEW YORK, # 2015-041-023, Claim No. 117577, Motion No. M-86184 M-86184
Motion to dismiss claim alleging that defendant's negligence caused claimant to be assaulted by a fellow inmate is granted where claim was not served within ninety days of accrual.
Score: 626 February 26, 2015 2015-041-022 : PANNITTI v. THE STATE OF NEW YORK, # 2015-041-022, Claim No. NONE, Motion No. M-86032 M-86032
Application to file late claim alleging medical negligence is denied where claimant fails to offer adequate excuse for delay or to show appearance of merit through medical affidavit, medical records or other proof.
Score: 498 February 24, 2015 2015-038-102 : BARNES v. STATE OF NEW YORK, # 2015-038-102, Claim No. 109654 
Incarcerated claimant asserted that defendant negligently trained and supervised correctional facility staff with regard to the protection of confidential medical information and the handling and processing of grievances, and that facility medical personnel retaliated against claimant by denying him suppositories for his hemorrhoidal condition. Claim dismissed after trial. Preponderance of the evidence did not support any of his asserted and maintainable causes of action.
Score: 475 February 19, 2015 2015-040-007 : JOHNSON v. THE STATE OF NEW YORK, # 2015-040-007, Claim No. 108028 
Court finds Claimant failed to establish by a preponderance of the credible evidence that Defendant negligently maintained the mess hall floor at Oneida CF resulting in his slip and fall.
Score: 449 February 18, 2015 2015-038-101 : SCOTT v. STATE OF NEW YORK, # 2015-038-101, Claim No. 117566 
Claim for inmate-on-inmate dismissed after trial. Preponderance of the credible evidence did not demonstrate foreseeability of sudden and unprovoked attack.
Score: 518 February 17, 2015 2015-018-602 : BLACKWELL v. STATE OF NEW YORK, # 2015-018-602, Claim No. 121036, Motion Nos. M-86073, M-86064 M-86073, M-86064
Both motions are denied. Claimant is entitled to $64.92, plus statutory interest from November 6, 2011.
Score: 299 February 17, 2015 2015-018-610 : AVILES v. STATE OF NEW YORK, # 2015-018-610, Claim No. 120106 
Claimant entitled to $240 for wrongful confinement in SHU.
Score: 347 February 13, 2015 2015-041-507 : BABCOCK v. THE STATE OF NEW YORK, # 2015-041-507, Claim No. 111956 
Claimant/motorcyclist who sustained transverse tibia/fibula fracture of left leg after being struck by a falling limb on a state highway is awarded $100,000 for past pain and suffering and is awarded $0 for future pain and suffering where claimant had an excellent recovery and trial record contained no medical evidence that causally related any future pain and suffering or life limitations to the injuries sustained by claimant in the subject accident.
Score: 347 February 13, 2015 2015-045-501 : JEFFRIES v. THE STATE OF NEW YORK, # 2015-045-501, Claim No. 119158 
MVA, claimant's vehicle struck a downed light pole.
Score: 299 February 11, 2015 2015-018-609 : TAYLOR v. STATE OF NEW YORK, # 2015-018-609, Claim No. 112587 
Claimant failed to prove the State's negligence and the claim must be dismissed.
Score: 626 February 10, 2015 2015-041-012 : SANTOS v. THE STATE OF NEW YORK, # 2015-041-012, Claim No. NONE, Motion No. M-85856 M-85856
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 388 February 4, 2015 2015-045-500 : LEE v. THE STATE OF NEW YORK, # 2015-045-500, Claim No. 121372 
Slip and fall at SUNY Stony Brook in the pool area on the bleachers.
Score: 626 February 4, 2015 2015-041-009 : JACKSON v. THE STATE OF NEW YORK, # 2015-041-009, Claim No. NONE, Motion No. M-85853 M-85853
Application to file late claim alleging that defendant's correction officers negligently caused inmate/claimant to suffer permanent injury to hands and fingers from frostbite as a result of prolonged unprotected exposure to cold during inmate frisk is granted as allegations provide cause to believe that a meritorious claim may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 678 February 3, 2015 2015-040-006 : CAMPO v. STATE OF NEW YORK, # 2015-040-006, Claim No. NONE, Motion No. M-85688 M-85688
Pro se prisoner's motion to file a late claim pursuant to Court of Claims Act 10(6) granted in part and denied in part.
Score: 475 January 30, 2015 2015-040-004 : GIBSON v. THE STATE OF NEW YORK, # 2015-040-004, Claim No. 118274, Motion No. M-85899 M-85899
Motion for poor person status and assignment of counsel denied.
Score: 420 January 30, 2015 2015-045-001 : ALTO v. THE STATE OF NEW YORK, # 2015-045-001, Claim No. 122437, Motion No. M-85825 M-85825
Claimant moves for an order striking a rebuttal engineering report when the original expert report was prepared by an appraiser.
Score: 347 January 30, 2015 2015-041-506 : GREER v. THE STATE OF NEW YORK, # 2015-041-506, Claim No. 122603 
Claim alleging that defendant's negligence caused inmate/claimant to be assaulted by a fellow inmate is dismissed after trial where claimant's testimony showed that he was suddenly and without warning assaulted from behind by unknown fellow inmate and claimant's testimony that he had requested protective custody prior to assault was contradicted by documentary evidence showing that claimant had refused protective custody.
Score: 600 January 29, 2015 2015-010-005 : CHRYSLER v. THE STATE OF NEW YORK, # 2015-010-005, Claim No. 124814, Motion No. M-86035 M-86035
Movant's motion for reargument and/or for leave to serve and file a late claim, both denied. Movant has not established that the Court overlooked or misapprehended the relevant facts or that the Court misapplied any controlling principle of law and no appearance of merit.
Score: 388 January 29, 2015 2015-010-003 : SIMMONS v. THE STATE OF NEW YORK, # 2015-010-003, Claim No. 125164, Motion No. M-86011 M-86011
Motion to dismiss granted, improper service by regular mail.
Score: 347 January 29, 2015 2015-010-004 : CHAVIS v. THE STATE OF NEW YORK, # 2015-010-004, Claim No. 123239, Motion No. M-85798 M-85798
claimant's motion for summary judgment denied, multiple motions for summary judgment without sufficient cause.
Score: 299 January 27, 2015 2015-041-005 : LOPEZ v. THE STATE OF NEW YORK, # 2015-041-005, Claim No. 114830 
Claim alleging that defendant wrongfully confined inmate/claimant in Involuntary Protective Custody (IPC) is dismissed after trial where proof showed that defendant complied with applicable rules and regulations in conducting IPC hearing and with follow-up reviews. Confinement was therefore privileged.
Score: 347 January 27, 2015 2015-041-504 : JAMES v. THE STATE OF NEW YORK, # 2015-041-504, Claim No. 114624 
Claim alleging that correction officers assaulted inmate/claimant without provocation on two separate dates is dismissed after trial where claimant's testimony lacked credibility and was contradicted by unchallenged testimony and records produced by defendant, including proof that claimant pled guilty to an assault on staff in one of the incidents underlying the claim.
Score: 696 January 23, 2015 2015-040-003 : STORMS v. THE STATE OF NEW YORK, # 2015-040-003, Claim No. 113133 
Court finds that Claimant failed to establish that his fall on patch of ice on walkway was caused by State's negligence.
Score: 149 January 23, 2015 2015-041-007 : PRAILEAU v. THE STATE OF NEW YORK, # 2015-041-007, Claim No. 124185, Motion No. M-85909 M-85909
Defendant's motion to dismiss false imprisonment claim is granted where claim fails to state a cause of action as claimant's imprisonment was privileged.
Score: 783 January 22, 2015 2014-039-436 : IFILL v. STATE OF NEW YORK, # 2014-039-436, Claim No. 117927 
Defendant found liable to claimant for 94 days of wrongful confinement beyond the maximum expiration date of his sentence due to defendant's failure to properly credit claimant with 176 days of parole jail time credit to which he was due after serving a concurrent sentence in a local jail.
Score: 299 January 22, 2015 2015-038-503 : HERNANDEZ v. THE STATE OF NEW YORK, # 2015-038-503, Claim No. 124582, Motion No. M-85644 M-85644
Claimant's motion for summary judgment on claim for wrongful excessive confinement in SHU granted in part, as to liability. Where claimant was held in SHU after administrative reversal of disciplinary determination pending a rehearing, he established the elements of a cause of action for wrongful confinement. Defendant failed to raise an issue of fact or demonstrate lawful authority to retain claimant in the SHU pending rehearing, and thus failed to establish that its confinement of claimant was privileged. A trial of damages will be scheduled.
Score: 347 January 21, 2015 2015-010-001 : BLASI v. THE STATE OF NEW YORK, # 2015-010-001, Claim No. 119960 
Claimant veered off the road to avoid colliding with the rear-end of a small truck traveling in front of her that had stopped, landed in culvert. No liability, no prior, similar accidents at this location, no rehabilitation of roadway required.
Score: 347 January 16, 2015 2015-041-503 : JACKSON v. THE STATE OF NEW YORK, # 2015-041-503, Claim No. 114809 
Claim alleging that defendant failed to adequately protect inmate from assault by fellow inmate is dismissed after trial where claimant's testimony showed that defendant could not reasonably have foreseen sudden assault by allegedly unidentified assailant and documentary evidence further revealed that on date in question claimant was an active participant in a physical altercation with another, identified inmate, that claimant refused orders to stop fighting and had to be physically restrained by correction officers to end the altercation.
Score: 299 January 16, 2015 2015-041-502 : SMITH v. THE STATE OF NEW YORK, # 2015-041-502, Claim No. 107734 
Claim alleging that claimant was exposed to second-hand smoke and received improper medical care while claimant was incarcerated at Clinton Correctional Facility is dismissed after trial; claimant failed offer expert medical testimony as to defendant's purported improper provision of medical care and exposure to second-hand smoke cause of action is barred by Public Health Law 1399-w.
Score: 236 January 15, 2015 2015-051-501 : MALLOY v. THE STATE OF NEW YORK, # 2015-051-501, Claim No. 110613 
Claim is dismissed after trial where claimant failed to prove by a preponderance of the evidence that defendant's
Score: 678 January 14, 2015 2015-039-438 : PERCINTHE v. STATE OF NEW YORK, # 2015-039-438, Claim No. 118118 
Following a unified trial, the Court finds that claimant failed to prove, by a preponderance of the credible evidence, his claim against defendant for damages related to injuries he allegedly sustained after slipping and falling on an icy walkway at Mohawk Correctional Facility. Claimant failed to present sufficient credible evidence establishing that a dangerous condition - the existence of black ice - existed on defendant's property. Claimant also failed to show that the State created or had notice of the alleged dangerous condition.
Score: 570 January 13, 2015 2015-040-002 : THOMAS v. STATE OF NEW YORK, # 2015-040-002, Claim No. 120087 
Pro se prisoner - State was responsible for his bailment claim. Awarded $52.50.
Score: 299 January 13, 2015 2015-041-005 : DIXON v. THE STATE OF NEW YORK, # 2015-041-005, Claim No. 120843, Motion No. M-85744 M-85744
Claimant's motion to dismiss defenses and for summary judgment is denied where material factual issues requiring a trial are present.
Score: 475 January 12, 2015 2015-050-002 : TEWANI v. THE STATE OF NEW YORK, # 2015-050-002, Claim No. NONE, Motion No. M-85784 M-85784
Claimant's motion for permission to file a late claim is denied.
Score: 347 January 12, 2015 2015-050-003 : NICHOLSON v. THE STATE OF NEW YORK, # 2015-050-003, Claim No. 123540, Motion No. M-85984 M-85984
Claimant moves for summary judgment. The motion is denied by the defendant. The original motion papers submitted by claimant did not include a copy of the answer and the Court concludes that the movant's initial burden was not met.
Score: 388 January 12, 2015 2014-041-004 : CRENSHAW v. THE STATE OF NEW YORK, # 2014-041-004, Claim No. 123194, Motion No. M-85795 M-85795
Claimant's second motion for summary judgment is denied in wrongful confinement action where claimant fails to base successive summary judgment motion on newly discovered evidence or other sufficient cause and again fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's alleged violation of disciplinary hearing regulation.
Score: 347 January 12, 2015 2015-050-004 : BASS v. THE STATE OF NEW YORK, # 2015-050-004, Claim No. 124716, Motion No. M-85745 M-85745
Claimant moves for summary judgment. The motion is denied by the defendant. The original motion papers submitted by claimant did not include a copy of the answer and the Court concludes that the movant's initial burden was not met.
Score: 388 January 9, 2015 2015-038-502 : WILLIAMS v. THE STATE OF NEW YORK, # 2015-038-502, Claim No. 120879, Motion No. M-85645 M-85645
Defendant's motion to dismiss for failure to comply with Court of Claims Act 11 (a) (i) granted. Claim served upon AG by certified mail, but no return receipt was requested.
Score: 388 January 8, 2015 2014-010-094 : THOMPSON v. THE STATE OF NEW YORK, # 2014-010-094, Claim No. 124909, Motion No. M-85808 M-85808
Defendant's pre-answer motion to dismiss granted, no legal interest established or asserted by claimant.
Score: 449 January 7, 2015 2015-041-002 : THOMAS v. THE STATE OF NEW YORK, # 2015-041-002, Claim No. 117380, Motion No. M-85768 M-85768
Service of claim upon Attorney General by regular mail is insufficient to obtain jurisdiction over defendant.
Score: 498 January 7, 2015 2014-041-001 : SABLE v. THE STATE OF NEW YORK, # 2014-041-001, Claim No. 117362, Motion Nos. M-85492, CM-85893 M-85492, CM-85893
Claim is dismissed where service of claim upon Attorney General by regular mail is insufficient to obtain jurisdiction over defendant; cross-motion to file and serve late claim is denied where claimant fails to submit proposed claim with application and where underlying cause of action is barred by CPLR Article 2.
Score: 613 January 7, 2015 2014-032-134 : TEMPLE v. THE STATE OF NEW YORK, # 2014-032-134, Claim No. None, Motion No. M-85518 M-85518
Score: 388 January 7, 2015 2015-041-003 : PETERKIN v. THE STATE OF NEW YORK, # 2015-041-003, Claim No. 117324, Motion No. M-85769 M-85769
Service of claim upon Attorney General by regular mail is insufficient to obtain jurisdiction over defendant.
Score: 704 January 6, 2015 2015-009-001 : GIZEWSKI v. THE STATE OF NEW YORK, # 2015-009-001, Claim No. 124579, Motion No. M-85388 M-85388
Defendant's motion to dismiss the claim was granted, only to the extent that any cuase of action asserting a violation of Federal Constitutional rights was dismissed.