New York State Court of Claims

New York State Court of Claims

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Score: 678 February 2, 2017 2017-040-010 : KORELIS v. THE STATE OF NEW YORK, # 2017-040-010, Claim No. 128406, Motion No. M-89258 M-89258
State's motion to dismiss Claim as untimely served and filed as required by CCA 10(3) and 11(a)(i) granted.
Score: 600 January 31, 2017 2017-040-008 : BENNETT v. THE STATE OF NEW YORK, # 2017-040-008, Claim No. 128013, Motion No. M-89315 M-89315
Claimant's motion for reargument and renewal denied.
Score: 388 January 30, 2017 2017-040-006 : THOMAS v. THE STATE OF NEW YORK, # 2017-040-006, Claim No. 128743, Motion No. M-89576 M-89576
Motion for poor person and assignment of counsel denied.
Score: 648 January 30, 2017 2017-040-004 : McDIARMID v. THE STATE OF NEW YORK, # 2017-040-004, Claim No. NONE, Motion No. M-89167 M-89167
Motion for permission to serve and file a Claim late pursuant to CCA 10(6) for negligent maintenance and operation of a chairlift at Whiteface Mountain granted.
Score: 388 January 24, 2017 2017-041-004 : BURKE v. THE STATE OF NEW YORK, NEW YORK STATE CANAL CORPORATION, NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, NEW YORK STATE THRUWAY AUTHORITY, # 2017-041-004, Claim No. 124686, Motion No. M-89513, Cross-Motion No. CM-89561 M-89513
Claimants' motion for an order compelling defendants to provide relevant e-mails to and from defendants' former employee or, alternatively, an affidavit detailing the defendants's search for such e-mails, is granted; Defendants' cross-motion for a protective order as to further depositions is granted in part and denied in part; claimants' request for additional time to file and serve a note of issue and certificate of readiness is granted.
Score: 299 January 23, 2017 2017-050-002 : HENDRIX v. THE STATE OF NEW YORK, # 2017-050-002, Claim No. 120747, Motion No. M-89520 M-89520
Claimant's motion to compel discovery is granted and the defendant is directed to respond to claimant's discovery demands within 30 days of the filing of this decision and order.
Score: 555 January 20, 2017 2017-053-001 : KUDELA v. STATE OF NEW YORK(1) , # 2017-053-001, Claim No. 118769 
Claim dismissed following trial for personal injuries sustained by Claimant after stepping into a hole in a sewer pipe in a wooded area adjacent to the fairway of a disc golf course. Claimant failed to establish that the State created the allegedly hazardous condition or that they had actual or constructive notice of its existence. The Court also applied the doctrine of assumption of risk to the condition of the disc golf course and the wooded area or rough where the incident occurred.
Score: 420 January 20, 2017 2017-040-001 : WALKER v. STATE OF NEW YORK, # 2017-040-001, Claim No. 126128 
Claim dismissed as Claimant failed to appear at Trial to prosecute the Claim.
Score: 585 January 18, 2017 2017-030-505 : SZYMASZEK v. THE STATE OF NEW YORK, # 2017-030-505, Claim No. 124279, Motion No. M-88096 M-88096
State
Score: 347 January 13, 2017 2017-038-505 : BARMORE v. STATE OF NEW YORK, # 2017-038-505, Claim No. 122177, Motion No. M-89209 M-89209
Defendant's motion to dismiss the claim for failure to serve by CMRRR granted.
Score: 537 January 13, 2017 2017-038-507 : PRITCHETT v. THE STATE OF NEW YORK, # 2017-038-507, Claim No. 127879, Motion Nos. M-88836, M-89230 M-88836, M-89230
Claimant's motion to amend the claim granted and permission to serve a late claim pursuant to Court of Claims Act 10 (6) denied as unnecessary. Claimant's motion to compel discovery responses denied as moot, and sanctions for untimely response to discovery demands denied as unwarranted.
Score: 420 January 13, 2017 2017-038-506 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-038-506, Claim No. 116678, Motion No. M-89291 M-89291
Claimant's motion to amend the amended claim denied. Proposed amendments consisted mainly of Latin phrases that bore no discernable merit or relation to the amended claim for wrongful confinement in keeplock and claimant did not support his motion with any explanation of relevance or necessity of the amendments.
Score: 449 January 12, 2017 2017-038-504 : SANDERS v. THE STATE OF NEW YORK, # 2017-038-504, Claim No. 125915, Motion No. M-89250 M-89250
Defendant's motion to dismiss on Court of Claims 11(b) grounds granted. Claim is jurisdictionally defective because it does not adequately state the place where claimant was injured and states only conclusory and general allegations regarding the nature of the claim.
Score: 236 January 12, 2017 2017-050-001 : PETERS v. THE STATE OF NEW YORK, # 2017-050-001, Claim No. 127603, Motion No. M-89346 M-89346
Claimant's motion for summary judgment is denied for failure to discharge his initial burden of proof showing entitlement to judgment and the absence of any material issue.
Score: 449 January 12, 2017 2017-038-503 : NASH v. THE STATE OF NEW YORK, # 2017-038-503, Claim No. 120206, Motion No. M-88946 M-88946
Defendant's motion to dismiss for failure to serve the claim upon the Attorney General granted.
Score: 555 January 12, 2017 2017-053-502 : WEITZEL v. THE STATE OF NEW YORK, THE NEW YORK STATE TRANSPORTATION AUTHORITY AND CANAL CORPORATION, and THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION, # 2017-053-502, Claim No. 121569, Motion No. M-88989 M-88989
Claimant's motion for partial summary judgment as to Labor Law 240 (i) is denied as defendants submitted sufficient proof to create questions of fact as to whether claimant was a recalcitrant worker and wether his actions were the sole proximate cause of his injuries.
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: 347 January 10, 2017 2017-018-800 : Walsh v. STATE OF NEW YORK, # 2017-018-800, Claim No. 117094, Motion No. M-88590 M-88590
Several issues of fact remain, accordingly, Claimants' motion for partial summary judgment is DENIED.
Score: 626 January 9, 2017 2017-045-001 : WYNKOOP v. THE STATE OF NEW YORK, # 2017-045-001, Claim No. None, Motion No. M-87685 M-87685
Motion to file a late claim, trip and fall on a pathway.
Score: 498 January 9, 2017 2017-045-003 : ALYAS v. THE STATE OF NEW YORK, # 2017-045-003, Claim No. 123933, Motion No. M-89206 M-89206
third-party claimant's default motion against a sub-contractor, not the insurance company. No jurisdiction over the sub-contractor so third-party claim dismissed.
Score: 600 January 5, 2017 2017-038-501 : GREEN v. STATE OF NEW YORK, # 2017-038-501, Claim No. 124847, Motion No. M-88935 M-88935
Claimant's motion for reargument denied. No showing that Court overlooked or misapprehended matters of fact or law in granting defendant's cross motion to dismiss the claim. To the extent that claimant requests permission to amend his pleading, jurisdictional defects cannot be cured by amendment of the claim.
Score: 518 January 4, 2017 2017-041-001 : HERNANDEZ v. THE STATE OF NEW YORK, # 2017-041-001, Claim No. 119760, Motion No. M-89486 M-89486
Claimant's application to vacate decision and order dismissing claim for failure to appear at conferences is granted where law office failure constitutes sufficient excuse for default and claimant's affidavit, together with supporting exhibits, provides appearance of a potentially meritorious claim.
Score: 449 January 4, 2017 2016-032-164 : TEXIDOR v. THE STATE OF NEW YORK, # 2016-032-164, Claim No. None, Motion No. M-88825 M-88825
Movant's motion seeking an order granting leave to file and serve a late claim upon defendant pursuant to Court of Claims Act 10 (6) is denied.
Score: 555 January 3, 2017 2017-053-501 : GAGLIA v. STATE OF NEW YORK, # 2017-053-501, Claim No. 124859, Motion No. M-88618 M-88618
Defendant's motion for summary judgment is granted. Claimant failed to raise a triable issue of fact to establish that the defendant owed a duty of care to the infant.
Score: 770 January 3, 2017 2016-032-163 : STEGEMANN v. THE STATE OF NEW YORK, # 2016-032-163, Claim No. 127982, Motion No. M-89024, Cross-Motion No. CM-89287 M-89024
Claim sounding in destruction of property, conversion, trespass, emotional distress, duress, mental anguish, post traumatic stress syndrome, excessive use of force, aerial sense-enhanced video surveillance, unlawful interception of mobile phone communications, and unlawful search and seizure is dismissed.
Score: 763 December 23, 2016 2016-040-110 : HANSEN v. THE STATE OF NEW YORK, # 2016-040-110, Claim No. 122850 
Court finds that Claimant failed to establish Defendant was liable for his slip and fall on a wet floor in his dormitory at Franklin CF.
Score: 299 December 23, 2016 2016-038-118 : BEZIO v. THE STATE OF NEW YORK, # 2016-038-118, Claim No. 124222 
Defendant not liable to claimant for damages due to State Trooper's disclosure of claimant's name and address to a third party. New York State does not recognize a common law tort of right to privacy, except as set forth in the Civil Rights Law, of which claimant did not allege a violation. Claimant failed to establish that the New York State Police rules and regulations or the Public Officers Law provision give rise to a private right of action for an alleged breach of them, and even if such a right of action exists, claimant did not prove by a preponderance of the evidence that there was any breach of those requirements.
Score: 613 December 22, 2016 2016-040-109 : WALDMAN v. THE STATE OF NEW YORK, # 2016-040-109, Claim No. 122948, Motion No. M-89193, Cross-Motion No. CM-89210 M-89193
State's Motion for summary judgment dismissing Claim granted and Claimant's Cross-Motion for summary judgment denied.
Score: 600 December 22, 2016 2016-038-117 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-117, Claim No. 118404 
Claim by incarcerated claimant for failure to replace broken eyeglasses dismissed after trial. Proof at trial showed that claimant refused optometry appointments, as he believed they were unnecessary for a replacement that did not require a new prescription. Claimant failed to demonstrate that defendant breached any duty to provide him with replacement eyeglasses. To the extent that claimant offered proof that correctional officials failed to authorize an advance or encumbrance on his inmate account, that is a matter to be reviewed in a proceeding pursuant to Article 78 of the CPLR.
Score: 804 December 21, 2016 2016-040-108 : JULES v. THE STATE OF NEW YORK, # 2016-040-108, Claim No. 124987, Motion No. M-88772, Cross-Motion No. CM-89094 M-88772
State's Motion to Dismiss Claim as Notice of Intention was not timely served and Claim was not timely served and filed granted. Claimant's Cross-Motion to deem Notice of Intention and Claim timely served and to strike affirmative defenses denied.
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: 570 December 21, 2016 2016-040-106 : SALAMONE v. THE STATE OF NEW YORK, # 2016-040-106, Claim No. 128227, Motion No. M-89116 M-89116
State's pre-answer motion to dismiss on basis Court lacks jurisdiction over Claim because decisions of Parole Board are immune from liability is granted.
Score: 626 December 20, 2016 2016-032-512 : SOTO v. THE STATE OF NEW YORK, # 2016-032-512, Claim No. 123161 
Claimant is entitled to damages for 22 days of additional, wrongful confinement
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: 670 December 20, 2016 2016-041-100 : SHEROKA v. THE STATE OF NEW YORK, # 2016-041-100, Claim No. 128524, Motion No. M-89324 M-89324
Defendant's motion to dismiss claim based upon state agency's delay in renewing Group Family Day Care license of claimants is granted where Court lacks subject matter jurisdiction over claim which fails to adequately state nature of claim, as required by Court of Claims Act 11 (b) and which fails to state a cause of action.
Score: 555 December 16, 2016 2016-038-574 : USA PAYROLL v. THE STATE OF NEW YORK; NEW YORK STATE CHILD SUPPORT PROCESSING CENTER; NEW YORK STATE OFFICE OF CHILD SUPPORT ENFORCEMENT, # 2016-038-574, Claim No. 125249, Motion No. M-88354 M-88354
Defendant's motion pursuant to CPLR 3211 and 3212 for judgment dismissing the claim granted. Neither the notice of intention nor the claim itself was served within 90 days of the latest date of accrual of the claim, and thus, the causes of action sounding in tort are jurisdictionally defective, but the notice of intention was served within six months, and the cause of action for unjust enrichment, which is subject to Court of Claims Act 10(4), was timely served. However, all three causes of action arose from the same factual allegations, and defendant demonstrated its entitlement to judgment as a matter of law on the claim against the State for damages sustained as the result of errors by entities other than defendant with respect to garnishment of wages to enforce child support obligations.
Score: 449 December 14, 2016 2016-015-199 : LYUBOV v. THE STATE OF NEW YORK, # 2016-015-199, Claim No. 128368, Motion No. M-89276 M-89276
Claim was nonsensical and defendant's motion seeking dismissal for failing to meet the pleading requirements of Court of Claims Act 11 (b) was granted.
Score: 787 December 14, 2016 2016-044-567 : GALUNAS v. THE STATE OF NEW YORK, # 2016-044-567, Claim No. 124354, Motion No. M-88965, Cross-Motion Nos. CM-89030, CM-89200 M-88965
Claimant moved for a default judgment against defendant, and defendant cross-moved to dismiss for failure to serve the claim, accompanied by an affidavit from the AG's office that no such claim had been received. Claimant provided the Court with Certified Mail receipts and return receipt postcards establishing that the AG's office did receive the claim. The AG's office submitted a response indicating that it had received the claim, and cross-moved for permission to file a late answer. Defendant established a reasonable excuse for the default, but did not submit evidence supporting any meritorious defense. The Court precluded defendant from submitting any evidence at trial on liability, but required claimant to present proof in order to determine whether a finding of liability is justified.
Score: 236 December 12, 2016 2016-015-621 : MONK v. THE STATE OF NEW YORK, # 2016-015-621, Claim No. 121373 
Following remote video trial, pro se inmate's claim was dismissed on the ground he assumed the commonly appreciated risk of contact with another player while engaged in the recreational sport of flag football.
Score: 600 December 12, 2016 2016-015-198 : SANCHEZ v. THE STATE OF NEW YORK, # 2016-015-198, Claim No. 128230, Motion Nos. M-89227, M-88959, Cross-Motion No. CM-89241 M-89227, M-88959
Claim was dismissed for failing to state a cause of action or comply with the pleading requirements of Court of Claims Act 11 (b). Late claim motion was denied as the Court was unable to discern a potentially meritorious cause of action from the allegations in the proposed claim.
Score: 347 December 12, 2016 2016-041-512 : QUINN v. THE STATE OF NEW YORK, # 2016-041-512, Claim No. 124561 
Wrongful confinement claim is dismissed after trial where claimant fails to prove by preponderance of evidence that defendant's quasi-judicial hearing immunity was abrogated by defendant's violation of disciplinary hearing regulation; in particular claimant failed to prove that production of any of the witnesses he was denied the opportunity to question at his Tier 3 hearings would have made a difference in the outcome of those hearings, and that but for the denied testimony, he would have been acquitted on the administrative charges.
Score: 420 December 12, 2016 2016-015-200 : POWELL v. THE STATE OF NEW YORK, # 2016-015-200, Claim No. 122173, Motion No. M-89302 M-89302
Motion for payment of filing fee was denied where such payment was previously ordered
Score: 498 December 9, 2016 2016-015-195 : MORRISHAW v. THE STATE OF NEW YORK, # 2016-015-195, Claim No. 127597, Motion No. M-88650 M-88650
Defendant's dismissal motion was granted for improper service of the claim.
Score: 347 December 8, 2016 2016-015-197 : ZAYAS v. THE STATE OF NEW YORK, # 2016-015-197, Claim No. 123878, Motion No. M-89249 M-89249
Defendant's motion to dismiss the claim for failure to prosecute pursuant to CPLR 3216 was denied as it failed to establish that a 90-day demand was served by certified mail, return receipt requested, and the motion was made before the passage of more than 90 days since the date the 90-day demand was served.
Score: 537 December 8, 2016 2016-015-196 : WEBB v. THE STATE OF NEW YORK, # 2016-015-196, Claim No. NONE, Motion No. M-89153 M-89153
Claimant's motion to treat his notice of intention as a claim was denied as untimely. The tolling provisions of CPLR 205 (a) could not be invoked because the prior action was dismissed as untimely.
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: 347 December 7, 2016 2016-015-191 : JONES v. THE STATE OF NEW YORK, # 2016-015-191, Claim No. 122655, Motion Nos. M-89161, M-89162, M-89205 M-89161, M-89162, M-89205
Pro se claimant's motion for the issue of trial subpoenas was denied.
Score: 626 December 7, 2016 2016-015-194 : FOX v. STATE OF NEW YORK, # 2016-015-194, Claim No. None, Motion No. M-89151 M-89151
Motion for permission to file a late claim arising from the manner movant was extracted from his cell was granted.
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: 347 December 7, 2016 2016-050-068 : JULTON REALTY v. THE STATE OF NEW YORK, # 2016-050-068, Claim No. 112293, Motion No. M-89495 M-89495
Pursuant to proceedings on the record on December 6, 2016, the order to show cause filed November 15, 2016, which was issued by this Court on November 7, 2016, is granted and this claim is dismissed with prejudice.