New York State Court of Claims

New York State Court of Claims

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Score: 570 May 1, 2017 2017-032-024 : YEFIMOVA v. THE STATE OF NEW YORK, # 2017-032-024, Claim No. 128243, Motion No. M-89730 M-89730
The claim is dismissed for failure to comply with the service requirements of Court of Claims Act § 11.
Score: 498 April 28, 2017 2017-040-050 : SEELEY v. THE STATE OF NEW YORK, # 2017-040-050, Claim No. 128788, Motion No. M-89705 M-89705
Pro se Claimant's motion for summary judgment, declaratory judgment, and default judgment denied.
Score: 687 April 27, 2017 2017-040-049 : FISHER v. STATE OF NEW YORK, # 2017-040-049, Claim No. 128682, Motion Nos. M-89782, M-89783 M-89782, M-89783
Pro se Claimant's motion to file a late claim pursuant to CCA § 10(6) granted. Motion to serve amended claim denied.
Score: 585 April 27, 2017 2017-040-048 : DOVE v. STATE OF NEW YORK, # 2017-040-048, Claim No. 126824, Motion No. M-89886 M-89886
State's motion to dismiss pro se Claim granted as Claim was not served on Defendant in accordance with CCA § 11(a).
Score: 687 April 26, 2017 2017-032-020 : FIRST TRANSIT v. THE STATE OF NEW YORK, # 2017-032-020, Claim No. 128493, Motion Nos. M-89376, M-89740 M-89376, M-89740
Claim alleging breach of contract is dismissed as untimely pursuant to Court of Claims Act § 10 (4).
Score: 420 April 25, 2017 2017-032-019 : PURDIE v. THE STATE OF NEW YORK, # 2017-032-019, Claim No. 126555, Motion No. M-90289 M-90289
Defendant's pre-trial motion in limine to admit certain documents is granted.
Score: 600 April 20, 2017 2017-032-004 : JENKINS v. THE STATE OF NEW YORK, # 2017-032-004, Claim No. 122453 
Following a trial, claim alleging malicious prosecution, intentional infliction of emotional distress, abuse of process, unlawful imprisonment, and various violations of the Federal and State Constitutions is dismissed.
Score: 570 April 18, 2017 2017-040-046 : FUNCHES v. STATE OF NEW YORK, # 2017-040-046, Claim No. 126639, Motion No. M-89869 M-89869
Pro se Claimant's second Motion to Amend his Claim denied.
Score: 570 April 18, 2017 2017-040-045 : TORRES v. THE STATE OF NEW YORK, # 2017-040-045, Claim No. 127500, Motion No. M-89466 M-89466
Pro se Claimant's Motion to Strike State's Answer denied.
Score: 449 April 18, 2017 2017-040-044 : LANGO v. STATE OF NEW YORK, # 2017-040-044, Claim No. 124219, Motion No. M-89651 M-89651
Pro se Claimant's Motion to strike State's Answer and for Summary Judgment denied.
Score: 475 April 17, 2017 2017-040-036 : THOMPSON v. THE STATE OF NEW YORK, # 2017-040-036, Claim No. 119445 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 537 April 17, 2017 2017-045-010 : TRENT v. THE STATE OF NEW YORK, # 2017-045-010, Claim No. 122188, Motion No. M-88951 M-88951
Defendant's motion to dismiss the informed consent cause of action in the claim since it was not included in the notice of intention.
Score: 475 April 17, 2017 2017-040-037 : THOMPSON v. THE STATE OF NEW YORK, # 2017-040-037, Claim No. 120157 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-039 : BROASTER v. THE STATE OF NEW YORK, # 2017-040-039, Claim No. 120499 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-040 : MACLIN v. STATE OF NEW YORK, # 2017-040-040, Claim No. 121346 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 475 April 17, 2017 2017-040-038 : GRAY v. THE STATE OF NEW YORK, # 2017-040-038, Claim No. 119766-A 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 678 April 17, 2017 2017-040-042 : MEDINA v. THE STATE OF NEW YORK, # 2017-040-042, Claim No. NONE, Motion No. M-89757 M-89757
Pro se Movant's application to serve and file a Claim late pursuant to CCA § 10(6) regarding a slip and fall on snow and ice granted.
Score: 449 April 17, 2017 2017-040-043 : JANNACE v. THE STATE OF NEW YORK, # 2017-040-043, Claim No. 126727, Motion No. M-89767 M-89767
Motion pursuant to CPLR § 321(b)(2) by Claimant's counsel to withdraw granted.
Score: 475 April 17, 2017 2017-040-041 : GRAVES v. THE STATE OF NEW YORK, # 2017-040-041, Claim No. 121519 
Pro se Claimant failed to appear at trial. Claim dismissed for failure to prosecute and COC Rule § 206.6(f) to keep Court apprised of his address.
Score: 555 April 13, 2017 2017-045-008 : WOODMERE v. THE STATE OF NEW YORK, # 2017-045-008, Claim No. 128282, Motion No. M-89215 M-89215
Defendant's motion to dismiss claim which should have been brought as an Article 78 proceeding in Supreme Court. Underlying claim involves medicaid payments withheld by the State from current owner of health care facility due to prior owner's liability,
Score: 449 April 13, 2017 2017-015-223 : ST. THOMAS v. THE STATE OF NEW YORK, # 2017-015-223, Claim No. 124124, Motion Nos. M-89744, M-89771 M-89744, M-89771
Claimant was injured during the course of a construction project at a State prison when he was struck on the head by a heavy block of ice which fell from the top of a scaffold on which he was working. The block of ice had been placed on top of a protective covering used to winterize the scaffold for masonry work. The Court granted claimants' motion for partial summary judgment on its Labor Law § 240 (1) cause of action and granted defendant's motion to dismiss the claimants' negligence and Labor Law §§ 200 and 241 (6) causes of action.
Score: 626 April 12, 2017 2017-032-003 : MANCUSI v. THE STATE OF NEW YORK, # 2017-032-003, Claim No. 125059 
Following a trial, claim alleging defendant's failure to properly maintain a walkway at a correctional facility is dismissed.
Score: 498 April 10, 2017 2017-015-216 : GREEN v. THE STATE OF NEW YORK, # 2017-015-216, Claim No. 127056, Motion No. M-89589 M-89589
Claimant's motion to reargue his prior motion which sought summary judgment on his causes of action for medical malpractice and religious discrimination was denied. Claimant failed to support his motion with expert medical proof and his cause of action for religious discrimination lacked merit and was dismissed.
Score: 537 April 7, 2017 2017-045-007 : Perez v. The County of Suffolk and The Suffolk County Sheriff's Office/Riverhead Department of Corrections, # 2017-045-007, Claim No. 128207, Motion No. M-89239 M-89239
Defendant's motion to dismiss regarding lack of service, also claim is against Suffolk County.
Score: 570 April 6, 2017 2017-030-005 : SANTIAGO v. THE STATE OF NEW YORK, # 2017-030-005, Claim No. 120257 
Claimant established causally related damages for accident occurring while part of an inmate work detail under supervision of State authorities. $345,000.00 total damages ($100,000.00 past pain and suffering; $245,000.00 future pain and suffering). All experts hampered by temporal limitation in first examining an individual whose accident occurred at least three years earlier. No treating physicians testified. Experts for defendant more familiar with complete record, including complaints in the immediate aftermath of the work site accident, and prior medical history, and were thus in better position to fairly assess the nature and extent of causally related injuries. Extreme pain and suffering in the past, multiple surgeries, ultimately a complete ankle replacement that nonetheless did not succeed in giving claimant a fully-functioning ankle joint. Permanent loss of functionality of left ankle joint and permanent discomfort with life expectancy of 24.9 years. Left knee replacement not causally related.
Score: 670 April 5, 2017 2017-040-035 : HAHN v. THE STATE OF NEW YORK, # 2017-040-035, Claim No. 128622, Motion No. M-89811 M-89811
Court's OSC regarding service vacated as Court concludes Claim was served on State. State directed to Answer or make motion within 40 days.
Score: 420 April 5, 2017 2017-041-027 : MURRAY v. THE STATE OF NEW YORK, # 2017-041-027, Claim No. 122744, Motion No. M-89888 M-89888
Unverified claim is dismissed.
Score: 498 April 5, 2017 2017-045-006 : KUMMER v. THE STATE OF NEW YORK, # 2017-045-006, Claim No. 128841, Motion No. M-89638 M-89638
Motion to reargue decision and order permitting claimant to file a late claim, medical malpractice claim. Nurse's affidavit submitted in support of motion.
Score: 475 April 5, 2017 2017-032-018 : FAGAN v. THE STATE OF NEW YORK, # 2017-032-018, Claim No. 128711, Motion No. M-89768 M-89768
Defendant's motion to dismiss is granted, as claimant did not file and serve his claim within 90 days of accrual.
Score: 299 April 4, 2017 2017-041-025 : SEELEY v. THE STATE OF NEW YORK, # 2017-041-025, Claim No. 127801, Motion No. M-89707 M-89707
Claimant's motion for a declaratory judgment, and to compel discovery, based upon defendant's alleged late response to a Freedom of Information Law request is denied.
Score: 388 April 4, 2017 2017-032-017 : DIAZ v. THE STATE OF NEW YORK, # 2017-032-017, Claim No. 124736, Motion No. M-89128 M-89128
Claim alleging wrongful death and conscious pain and suffering based upon defendant's negligent maintenance of a State highway is dismissed on summary judgment.
Score: 728 April 3, 2017 2017-032-016 : PONCE v. THE STATE OF NEW YORK, # 2017-032-016, Claim No. None, Motion No. M-89661 M-89661
Motion for late claim relief pursuant to Court of Claims Act § 10 (6) is granted.
Score: 347 March 30, 2017 2017-038-531 : McRAE v. THE STATE OF NEW YORK, # 2017-038-531, Claim No. 128812, Motion No. M-89691 M-89691
Defendant's motion to dismiss claim for failure to state a cause of action granted. The search of the incarcerated claimant's cell and confiscation of religious items and handicrafts does not give rise to a State constitutional tort.
Score: 585 March 30, 2017 2017-038-530 : WHITE v. THE STATE OF NEW YORK, # 2017-038-530, Claim No. 128557, Motion No. M-89332 M-89332
Defendant's motion to dismiss the claim for failure to state a cause of action granted.
Score: 787 March 29, 2017 2017-040-034 : JEANTY v. STATE OF NEW YORK, # 2017-040-034, Claim No. 127665, Motion No. M-88493 M-88493
State's pre-Answer Motion to dismiss pro se Claimant's Claim for wrongful conviction under CCA § 8-b granted for failure to state a cause of action and does not meet the pleading requirements of CCA § 8-b(3).
Score: 475 March 29, 2017 2017-050-013 : KUCHINSKAS v. THE STATE OF NEW YORK, # 2017-050-013, Claim No. NONE, Motion No. M-89864 M-89864
Claimant moves to file a late claim for medical malpractice and defendant takes no position on the motion. The proposed claim asserts medical malpractice, wrongful death, loss of consortium and pain and suffering due to improper medical care and treatment. A balancing of the statutory factors of CCA section 10 (6) weighs in favor of granting this application. Therefore, the motion is granted.
Score: 449 March 28, 2017 2017-038-526 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2017-038-526, Claim No. None, Motion No. M-89602 M-89602
Claimant's motion for permission to file a late claim denied as untimely. Motion was filed beyond limitations period of three years for constitutional tort as provided CPLR 214(5).
Score: 299 March 28, 2017 2017-038-528 : WILLIAMS v. STATE OF NEW YORK(1) , # 2017-038-528, Claim No. 119919 & 125184, Motion No. M-89415 M-89415
Claimant's motion for trial preference in the interest of justice denied. Claimant has established that he has a severe visual impairment, but he has not demonstrated that such is progressive or that he is in imminent danger of losing his eyesight.
Score: 449 March 28, 2017 2017-038-527 : BARNES v. THE STATE OF NEW YORK, # 2017-038-527, Claim No. 123126, Motion No. M-88896 M-88896
Claimant's motion to amend the claim granted in part and denied in part. The proposed causes of action that merely amplify allegations in the original claim will be permitted, but that which states a new cause of action not previously stated would impermissibly expand the scope of the claim, and is time barred in any event. Claimant's request to amend the ad damnum clause granted in part, but the pro se claimant may not include a request for attorneys fees in the amended ad damnum clause.
Score: 475 March 28, 2017 2017-015-221 : ZAYAS v. THE STATE OF NEW YORK, # 2017-015-221, Claim No. 123878, Motion No. M-89818 M-89818
Defendant's motion to dismiss the claim for failure to prosecute was granted. Fact that claimant may not have received the notice served pursuant to CPLR 3216 is no barrier to dismissal where claimant failed to notify the Court and the parties of his change of address.
Score: 555 March 28, 2017 2017-041-024 : WILLIAMS v. THE STATE OF NEW YORK, # 2017-041-024, Claim No. 122187, Motion No. M-89503 M-89503
Claimant's motion to strike defendant's answer for failing to comply with the Court's prior Decision and Order regarding disclosure is denied where defendant has substantially complied with the prior Decision and Order.
Score: 498 March 28, 2017 2017-053-510 : BURTON v. STATE OF NEW YORK, # 2017-053-510, Claim No. NONE, Motion No. M-89819 M-89819
Motion seeking permission to late file a claim is denied. None of the factors in Court of Claims Act 10 (6) weigh in movants' favor. Further, the subject highway and pothole were permanently altered by a construction project that occurred five months prior to the filing of the motion.
Score: 626 March 27, 2017 2017-041-502 : LIERE v. THE STATE OF NEW YORK, # 2017-041-502, Claim No. 116203 
Malicious prosecution claim based, in part, upon CPLR Article 78 annulment of New York State Department of Environmental Conservation (DEC) administrative determination finding claimant in violation of DEC regulations is dismissed after trial where claimant fails to prove by a preponderance of the evidence that civil administrative proceeding initiated by DEC lacked probable cause and further failed to prove that DEC acted with malice in commencing and continuing the proceeding.
Score: 626 March 27, 2017 2017-041-023 : FLORES v. THE STATE OF NEW YORK, # 2017-041-023, Claim No. 123659, Motion No. M-89484 M-89484
Inmate/claimant's second motion to compel production of records and documents, and answers to interrogatories, in claim alleging assault by correction employees, is denied in part and granted in part.
Score: 498 March 24, 2017 2017-038-524 : WHITE v. THE STATE OF NEW YORK, # 2017-038-524, Claim No. 125515, Motion No. M-89454 M-89454
Claimant's motion to dismiss affirmative defenses based on untimely filing and service of the claim granted. Claimant demonstrated timely filing and service, which defendant did not challenge in opposition to the motion. Defendant's assertion that this motion, addressed purely to the pleadings, was premature because discovery had yet to be conducted, is irrelevant to the motion.
Score: 678 March 23, 2017 2017-032-015 : STEWART v. THE STATE OF NEW YORK, CIVIL COURT OF THE CITY OF NEW YORK, KINGS COUNTY, # 2017-032-015, Claim No. 128776, Motion No. M-89612 M-89612
Defendant's motion to dismiss for lack of subject matter jurisdiction is granted.
Score: 498 March 23, 2017 2017-030-004 : MONTANEZ v. THE STATE OF NEW YORK, # 2017-030-004, Claim No. 125895 
Score: 475 March 22, 2017 2017-041-022 : GREEN v. THE STATE OF NEW YORK, # 2017-041-022, Claim No. 128757, Motion No. M-89644 M-89644
Defendant's motion to dismiss claim arising from inmate disciplinary proceeding is denied where claim alleges a wrongful confinement cause of action based upon the alleged retaliatory imposition of the disciplinary charge and upon alleged violation by defendant of disciplinary hearing rules and regulations.
Score: 613 March 22, 2017 2017-040-033 : PATTERSON v. THE STATE OF NEW YORK, # 2017-040-033, Claim No. 128331, Motion No. M-89652 M-89652
Claimant's Motion to compel a response to his Notice for Discovery & Inspection granted in part.
Score: 537 March 20, 2017 2017-032-013 : 397 REALTY v. THE STATE OF NEW YORK, # 2017-032-013, Claim No. 128545, Motion No. M-89510 M-89510
Defendant's motion to dismiss is granted, as claimant did not serve a notice of intention to file a claim within 90 days of accrual.