New York State Court of Claims

New York State Court of Claims

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Score: 637 July 30, 2015 2015-039-444 : BRUNO v. STATE OF NEW YORK, # 2015-039-444, Claim No. 119310 
Following a trial on the issue of liability, inmate's claim for medical malpractice and/or medical negligence is dismissed on the ground that claimant failed to present expert testimony establishing a deviation from the standard of care.
Score: 299 July 10, 2015 2015-016-037 : HALL v. THE STATE OF NEW YORK, # 2015-016-037, Claim No. 119559 
Score: 388 July 9, 2015 2015-045-024 : SNYDER v. THE STATE OF NEW YORK, # 2015-045-024, Claim No. 120743 
Dismissal of the claim pursuant to CCA 19 and 22 NYCRR 206.10(g).
Score: 347 July 8, 2015 2015-016-036 : RICHARDSON v. THE STATE OF NEW YORK, # 2015-016-036, Claim No. 122041 
Score: 555 July 7, 2015 2015-015-062 : TUTOR PERINI CORP. v. THE STATE OF NEW YORK, # 2015-015-062, Claim No. 120992, Motion No. M-86169 M-86169
Certain records were ordered to be disclosed following the Court's in camera review.
Score: 585 July 2, 2015 2015-040-031 : CRISP v. THE STATE OF NEW YORK, # 2015-040-031, Claim No. 119444, Motion No. M-86753 M-86753
State's motion to dismiss Claim for lack of subject matter jurisdiction denied.
Score: 555 July 1, 2015 2014-010-052 : RUGAR v. THE STATE OF NEW YORK, # 2014-010-052, Claim No. 118851 
Motor vehicle accident, obscured stop sign.
Score: 347 June 29, 2015 2015-016-029 : ZINGALE v. THE STATE OF NEW YORK, # 2015-016-029, Claim No. 122847 
Score: 737 June 29, 2015 2015-041-512 : ROONEY v. THE STATE OF NEW YORK, # 2015-041-512, Claim No. 117759, Motion No. M-82247 M-82247
Defendant is found negligent, after liability portion of bifurcated trial, in failing to timely retrieve inmate/claimant's nose after it was bitten off by a fellow inmate during inmate-on-inmate assault in correctional facility. Claimant's additional cause of action, alleging that defendant failed to reasonably foresee and prevent or timely terminate the assault on claimant by claimant's fellow inmate is dismissed because the assault was sudden and not reasonably foreseeable. A damages trial will be conducted to determine whether defendant's failure to timely retrieve claimant's nose was a proximate cause of claimant's alleged injuries and damages.
Score: 449 June 15, 2015 2015-040-028 : HAYES v. STATE OF NEW YORK, # 2015-040-028, Claim No. 120513-A, Motion No. M-86536 M-86536
Claimant's motion for change of venue denied.
Score: 388 June 11, 2015 2015-045-504 : VERIZON v. THE STATE OF NEW YORK, # 2015-045-504, Claim No. 120587 
Property damage case. Clmt. alleges state sign pole damaged an underground cable.
Score: 626 June 8, 2015 2015-016-026 : AUSTIN v. THE STATE OF NEW YORK, # 2015-016-026, Claim No. 125474, Motion No. M-86385 M-86385
Score: 449 June 5, 2015 2015-038-536 : BAKER v. NEW YORK STATE DEPARTMENT OF CORRECTIONS, # 2015-038-536, Claim No. 118725, Motion No. M-86368 M-86368
Defendant's motion to dismiss granted. Neither notice of intention nor claim ever served on Attorney General.
Score: 236 June 5, 2015 2015-041-511 : MENTOR v. THE STATE OF NEW YORK, # 2015-041-511, Claim No. 118616 
Dental malpractice claim is dismissed after trial where claimant failed to offer expert medical proof to establish the standard of care to which claimant was entitled, that defendant deviated from the duty of care it owed claimant or that the dental care provided by defendant to claimant, even assuming it was substandard, was the proximate cause of claimant's injuries and damages.
Score: 600 June 1, 2015 2015-018-606 : CARRILLO v. STATE OF NEW YORK, # 2015-018-606, Claim No. 124860, Motion No. M-85869, Cross-Motion No. CM-86336 M-85869
Claim dismissed pursuant to Court of Claims Act sections 10 and 11.
Score: 347 June 1, 2015 2015-041-040 : FOULKS v. THE STATE OF NEW YORK, # 2015-041-040, Claim No. 123555, Motion No. M-86360, Cross-Motion No. CM-86429 M-86360
Claimant's motion for summary judgment is denied where claimant fails to attach complete copy of the pleadings to motion papers; Defendant's cross-motion to dismiss claim is granted because claim was served upon Attorney General more than ninety days after its accrual and the court thus lacks jurisdiction over defendant.
Score: 498 May 29, 2015 2015-041-510 : JACKSON v. THE STATE OF NEW YORK, # 2015-041-510, Claim No. 116532 
Claim based on inmate-on-inmate assault is dismissed after trial where assault on claimant by fellow inmates on December 4, 2008 was not reasonably foreseeable despite defendant having interviewed claimant on November 21, 2008 regarding information defendant had received concerning a potential fight between rival prison gangs to occur the following night, November 22, 2008; claimant, allegedly a member of one of the rival gangs, denied any knowledge of the planned gang fight and refused an offer of protective custody.
Score: 475 May 29, 2015 2015-010-031 : BARKSDALE v. THE STATE OF NEW YORK, # 2015-010-031, Claim No. NONE, Motion No. M-86595 M-86595
Movant's late claim application denied, failed to establish appearance of merit.
Score: 537 May 28, 2015 2015-018-619 : Archambault v. STATE OF NEW YORK, # 2015-018-619, Claim No. 119453 
Claim for conscious pain and suffering and wrongful death dismissed after trial. Claimant failed to establish a special duty was owed to decedent.
Score: 537 May 22, 2015 2015-015-055 : TUTOR PERINI CORP. v. THE STATE OF NEW YORK, # 2015-015-055, Claim No. 120992, Motion No. M-86169 M-86169
Defendant failed to sustain its burden of establishing that certain records created by its claims' personnel were privileged.
Score: 149 May 21, 2015 2015-041-038 : ORR v. THE STATE OF NEW YORK, # 2015-041-038, Claim No. 124411, Motion No. M-86333 M-86333
Claimant's application for trial preference is denied.
Score: 420 May 20, 2015 2015-041-509 : DIXON v. THE STATE OF NEW YORK, # 2015-041-509, Claim No. 120843 
Claimant is awarded damages of $250.00 after trial where uncontradicted proof showed that defendant continued to hold inmate/claimant in disciplinary confinement for approximately seven (7) days after disciplinary hearing determination that ordered claimant's disciplinary confinement had been administratively reversed.
Score: 420 May 20, 2015 2015-038-524 : CLARKE v. THE STATE OF NEW YORK, # 2015-038-524, Claim No. 118448, Motion No. M-86276 M-86276
Score: 585 May 20, 2015 2015-045-016 : CARPENTER v. THE STATE OF NEW YORK, # 2015-045-016, Claim No. None, Motion No. M-86170 M-86170
Pro Se late claim motion denied. Claim brought against Nassau County Sheriff's Dept. and Nassau County Correctional Officers.
Score: 613 May 20, 2015 2015-049-031 : BARLETTA v. THE STATE OF NEW YORK, # 2015-049-031, Claim No. 123208, Motion No. M-86624 M-86624
Score: 388 May 18, 2015 2015-041-037 : CURTIS v. THE STATE OF NEW YORK, # 2015-041-037, Claim No. 124592, Motion No. M-86242 M-86242
Claimant's motion for 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 violations of disciplinary hearing rules and regulations and that the alleged violations caused prejudice to claimant.
Score: 475 May 18, 2015 2015-016-023 : JOHN-BAPTISTE v. NYS CHILD SUPPORT ENFORCEMENT, MANHATTAN SCU, # 2015-016-023, Claim No. 125598, Motion No. M-86311 M-86311
Score: 570 May 18, 2015 2015-016-024 : ARROYO v. THE STATE OF NEW YORK and SUNY DOWNSTATE MEDICAL CENTER, # 2015-016-024, Claim No. 125413, Motion Nos. M-86260, M-86261 M-86260, M-86261
Score: 687 May 14, 2015 2015-048-537 : CREO v. THE STATE OF NEW YORK, # 2015-048-537, Claim No. 121050 
In an action alleging medical malpractice and seeking damages for the conscious pain and suffering and wrongful death as a result of decedent's suicide while she was under the care of the St. Lawrence Psychiatric Center, the Court found the State liable and awarded damages in the total amount of $5,791,734.00.
Score: 600 May 13, 2015 2015-016-022 : DAVID v. THE STATE OF NEW YORK, # 2015-016-022, Claim No. 119965, Motion No. M-85780 M-85780
Score: 420 May 11, 2015 2015-041-035 : NELSON v. THE STATE OF NEW YORK, # 2015-041-035, Claim No. 122493, Motion No. M-86287 M-86287
Claimant's renewed motion for summary judgment is denied in claim alleging assault by correction officer where claimant fails to satisfy initial burden of showing prima facie entitlement to summary judgment, and, even assuming claimant had met burden, triable issues of fact exist.
Score: 613 May 11, 2015 2015-041-036 : RUGGIERO v. THE STATE OF NEW YORK, # 2015-041-036, Claim No. 121004, Motion No. M-86221 M-86221
Claimant's motion to strike defendant's answer for suborning perjury and for creating a fraudulent document is denied where claimant fails to show by clear and convincing evidence that defendant knowingly attempted to hinder claimant's prosecution, and the Court's fair adjudication, of the claim.
Score: 388 May 8, 2015 2015-015-600 : DOUGLAS v. STATE OF NEW YORK, # 2015-015-600, Claim No. 122240, Motion No. M-86082 M-86082
Inmate porters claim of improper training and maintenance of the infirmary was dismissed following trial as he failed to establish that the defendant had notice of the infection or that he contracted it in the infirmary.
Score: 475 May 7, 2015 2015-015-052 : BROWN v. STATE OF NEW YORK, # 2015-015-052, Claim No. 117486, Motion No. M-86054 M-86054
Claim was dismissed for lack of service, a non-waivable jurisdictional defect.
Score: 570 May 7, 2015 2015-045-015 : JNP HOLDING CORP. v. THE STATE OF NEW YORK, # 2015-045-015, Claim No. 125405, Motion No. M-86230 M-86230
Defendant's motion to dismiss pursuant to 3211 (a) (2) lack of subject matter jurisdiction, 3211 (a) (3) lack of capacity to sue and 3211 (a) (7) failure to state a cause of action. Also failure to comply with Uniform Rules 206, however rules are not jurisdictional and can be waived.
Score: 704 May 7, 2015 2015-009-011 : FONTAINE v. THE STATE OF NEW YORK, # 2015-009-011, Claim No. 125015, Motion No. M-85850 M-85850
The court granted defendant's motion to dismiss the claim based upon the failure of the claimant to sufficiently describe the location of the accident or identify any specific acts of negligence committed by the State pursuant to Court of Claims Act 11 (b). It should be noted that the Court dismissed the claim without prejudice, since it also determined that claimant's Notice of Intention satisfied the requirements of 11 (b).
Score: 626 May 7, 2015 2015-045-014 : DELGADO v. THE STATE OF NEW YORK, # 2015-045-014, Claim No. None, Motion No. M-86229 M-86229
Late claim motion medical malpractice claim.
Score: 449 May 6, 2015 2015-038-106 : KEITT v. THE STATE OF NEW YORK, # 2015-038-106, Claim No. 116499 
Score: 670 May 6, 2015 2015-040-024 : NEAL v. THE STATE OF NEW YORK, # 2015-040-024, Claim No. 121185, Motion Nos. M-86179, M-86243 M-86179, M-86243
Court grants State's pre-Answer motion to dismiss the Claim. Claimant failed to establish that the Claim was served upon Defendant.
Score: 518 May 6, 2015 2015-010-024 : Title not available M-86469
Defendant's motion to dismiss granted, service untimely.
Score: 498 May 5, 2015 2015-009-012 : FERRIS v. THE STATE OF NEW YORK, # 2015-009-012, Claim No. 125036, Motion No. M-85898 M-85898
Defendant's motion to dismiss this claim based upon claimant's failure to comply with the pleading requirements of Section 11 (b) was granted.
Score: 475 May 5, 2015 2015-015-599 : CHISHOLM v. THE STATE OF NEW YORK, # 2015-015-599, Claim No. 121677 
Inmate was awarded $15,000 for a head injury which resulted in severe headaches and the need for medication.
Score: 648 May 5, 2015 2015-044-005 : GREEN v. THE STATE OF NEW YORK, # 2015-044-005, Claim No. 116037 
After trial, Court dismisses two causes of action for wrongful confinement of inmate claimant.
Score: 449 May 4, 2015 2015-018-618 : KINGSLEY v. STATE OF NEW YORK, # 2015-018-618, Claim No. 122275, Motion No. M-86378 M-86378
This claim was recently transferred, no trial date has yet been established, and Claimant has not shown any prejudice. The Court will allow Defendant's amended expert witness disclosure ( see Mary Imogene Bassett Hosp. v Cannon Design, Inc., 97 AD3d 1030 [3d Dept 2012]; McColgan v Brewer, 84 AD3d 1573 [3d Dept 2011]). Claimant's motion is DENIED without prejudice.
Score: 299 May 1, 2015 2015-015-051 : TUTOR PERINI v. THE STATE OF NEW YORK, # 2015-015-051, Claim No. 120992, Motion No. M-86454 M-86454
Motion for issuance of an open commission was granted.
Score: 299 April 30, 2015 2015-010-023 : STALLWORTH v. THE STATE OF NEW YORK, # 2015-010-023, Claim No. 124189, Motion No. M-86445 M-86445
defendant's motion for summary judgment granted, wrongful confinement, inmate calls to phone service not violation of 7 NYCRR 723.3(e)(11).
Score: 637 April 30, 2015 2015-040-023 : SHAFFER v. THE STATE OF NEW YORK, # 2015-040-023, Claim No. 122096, Motion No. M-86315 M-86315
Defendant's motion to disqualify Claimant's counsel denied.
Score: 475 April 29, 2015 2015-041-034 : WALKER v. THE STATE OF NEW YORK, # 2015-041-034, Claim No. 122664, Motion Nos. M-86191, CM-86282 M-86191, CM-86282
Claimant's motion for summary judgment as to defendant's liability in inmate-on-inmate assault claim is denied where claimant fails to provide a copy of the pleadings with motion; defendant's cross-motion for summary judgment dismissing the claim is granted to extent that cause of action based upon defendant's determination to double cell claimant with assailant is granted and is otherwise denied.
Score: 737 April 28, 2015 2015-044-004 : GREEN v. THE STATE OF NEW YORK, # 2015-044-004, Claim No. 115393 
After trial, Court finds inmate claimant was wrongfully confined for six days, denied personal hygiene items, and awards damages of $225; dismisses other causes of action.
Score: 518 April 28, 2015 2015-044-517 : GREEN v. THE STATE OF NEW YORK, # 2015-044-517, Claim No. 117224, Motion No. M-86319 M-86319
Inmate claimant's second motion for summary judgment in bailment claim denied, and motion to dismiss defendant's affirmative defenses also dismissed.