New York State Court of Claims

New York State Court of Claims

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Score: 585 June 7, 2016 2016-041-033 : TRAMMELL v. THE STATE OF NEW YORK, # 2016-041-033, Claim No. 123810, Motion No. M-88325 M-88325
Defendant's motion to dismiss claim is granted in part and denied in part where Court lacks subject matter jurisdiction over cause of action challenging administrative determination to place inmate/claimant in involuntary protective custody, where cause of action alleging medical negligence was served more than ninety days after accrual and where cause of action alleging wrongful confinement was served within ninety days of termination of confinement and is not untimely.
Score: 570 June 6, 2016 2016-040-041 : EVANS v. THE STATE OF NEW YORK, # 2016-040-041, Claim No. 127267, Motion No. M-88128 M-88128
State's pre-Answer motion to dismiss Claim denied. Court finds Claim timely served and filed within 120 days of institutional claim as required by CCA § 10(9).
Score: 449 June 3, 2016 2016-041-032 : MURRAY v. THE STATE OF NEW YORK, # 2016-041-032, Claim No. 122744, 123286, 123358, 124098, 125171, Motion No. M-88097 M-88097
Claimant's motion to consolidate claims is denied where claimant fails to provide copies of claims offered for consolidation and fails to submit any proof that the claims involve common questions of law or fact; claimant's factually unsupported requests for court-ordered subpoenas, assignment of counsel and appointment of a guardian ad litem are each denied.
Score: 388 June 2, 2016 2016-040-038 : CLAUDIO v. THE STATE OF NEW YORK, # 2016-040-038, Claim No. 126418, Motion No. M-88156 M-88156
Pro se Claimant's motion for summary judgment denied.
Score: 555 June 2, 2016 2016-040-039 : McCANTS v. STATE OF NEW YORK, # 2016-040-039, Claim No. 127536, Motion No. M-88330 M-88330
State's pre-Answer motion to dismiss Claim as untimely pursuant to CCA § 10(9) adjourned to allow parties to submit information regarding when Claimant received denial of institutional claim.
Score: 744 June 1, 2016 2016-038-535 : GREEN v. STATE OF NEW YORK, # 2016-038-535, Claim No. 124847, Motion Nos. M-87312, M-87705, Cross-Motion No. CM-87939 M-87312, M-87705
Claimant's motions to compel disclosure and for sanctions and dismissal rendered moot by Court's granting of defendant's motion to dismiss. All aspects of nine causes of action were either untimely or non-compliant with the pleading requirements of Court of Claims Act § 11 (b), except for the assertion of a State constitutional tort, which failed to state a cause of action because claimant had another remedy (Correction Law § 610) for the alleged violations of right of free exercise of religion.
Score: 388 June 1, 2016 2016-038-536 : COLON v. THE STATE OF NEW YORK, # 2016-038-536, Claim No. 114675, Motion No. M-88141 M-88141
Claimant's motion to change venue of trial from Albany to NYC denied. Claimant's motion lacked evidentiary support from medical professional that would substantiate claimant's assertion that his health conditions rendered him unable to travel to Albany for trial.
Score: 670 June 1, 2016 2016-040-036 : JOHNSON v. THE STATE OF NEW YORK, # 2016-040-036, Claim No. 123315, Motion No. M-87943, Cross-Motion No. CM-88093 M-87943
Pro se Claimant's motion for summary judgment denied as moot. State's cross-motion to dismiss Claim on timeliness grounds granted.
Score: 388 May 31, 2016 2016-041-030 : MICOLO v. THE STATE OF NEW YORK, # 2016-041-030, Claim No. 127150, Motion No. M-88084 M-88084
Claimant's motion for summary judgment in wrongful confinement action based upon allegedly excessive pre-disciplinary hearing confinement is denied where claimant fails to show, as a matter of law, that pre-hearing determination confinement was not privileged or that defendant's quasi-judicial hearing immunity is abrogated by defendant's alleged violation of a disciplinary hearing regulation.
Score: 498 May 31, 2016 2016-040-035 : OLDHAM v. STATE OF NEW YORK, # 2016-040-035, Claim No. 125034, Motion No. M-88016 M-88016
Pro se Claimant's second motion for summary judgment denied, as is motion for poor person status and motion for assignment of counsel.
Score: 737 May 27, 2016 2016-015-604 : A-1 AUTO v. THE STATE OF NEW YORK, # 2016-015-604, Claim No. 123499 
Damages assessed following trial of claim filed pursuant to Highway Law § 30 and the EDPL.
Score: 388 May 27, 2016 2016-038-533 : GREEN v. STATE OF NEW YORK, # 2016-038-533, Claim No. 124418, Motion No. M-88374 M-88374
Claimant's motion to settle/certify appellate record denied. Claimant did not submit a copy of the proposed record on appeal (22 NYCRR § 800.7 [b]; CPLR 5525 [c] [1]), and his request to defendant to stipulate to the record by stipulating to a table of contents was properly rejected (CPLR 5532).
Score: 555 May 26, 2016 2016-041-506 : SHEPHERD v. THE STATE OF NEW YORK, # 2016-041-506, Claim No. 119173 
Inmate medical malpractice claim is dismissed after trial where claimant failed to establish through competent medical proof his medical condition or conditions, the standard of medical care to which he was entitled by reason of those conditions, that defendant provided him with medical care that fell short of the obligatory standard of care it owed him in addressing those conditions and that any such failure proximately caused the claimed injuries and damages; bailment portion of claim is dismissed where claimant failed to prove his lost personal property cause of action by a preponderance of the credible evidence.
Score: 585 May 25, 2016 2016-040-033 : REED v. THE STATE OF NEW YORK, # 2016-040-033, Claim No. 127463, Motion No. M-88180 M-88180
State's pre-Answer motion to dismiss Claim granted. Claim served by regular mail rather than certified mail, return receipt requested or personal service as required by CCA.
Score: 475 May 25, 2016 2016-040-031 : CAMPO v. THE STATE OF NEW YORK, # 2016-040-031, Claim No. 126075, Motion No. M-88198 M-88198
Pro se Claimant's motion to amend Claim granted.
Score: 648 May 25, 2016 2016-040-034 : LAWRENCE v. STATE OF NEW YORK, # 2016-040-034, Claim No. 127320, Motion No. M-88176 M-88176
State's motion to dismiss Claim granted. Claim served by regular mail, not certified mail, return receipt requested or personal service as required by CCA.
Score: 420 May 25, 2016 2016-040-032 : COSME v. THE STATE OF NEW YORK, # 2016-040-032, Claim No. 127580, Motion No. M-88248 M-88248
Claimant's motion for poor person status and assignment of counsel denied.
Score: 347 May 24, 2016 2016-041-505 : SHEPHERD v. THE STATE OF NEW YORK, # 2016-041-505, Claim No. 118219 
Inmate medical malpractice claim is dismissed after trial where claimant fails to offer expert medical proof to establish claimant's medical conditions, the standard of care to which claimant is entitled by reason of those conditions, that defendant's care of claimant fell short of its obligatory standard of care in addressing those conditions and that such failure proximately caused claimant's injuries and damages.
Score: 420 May 24, 2016 2016-040-030 : SWANSON v. THE STATE OF NEW YORK, # 2016-040-030, Claim No. 127133, Motion No. M-88051 M-88051
Claimant's motion for in camera inspection of specified documents denied.
Score: 420 May 24, 2016 2016-009-100 : ORBINO v. THE STATE OF NEW YORK, # 2016-009-100, Claim No. 117681 
Claimant's claim for damages based upon an alleged slippery condition at Willard Drug Treatment Center was dismissed.
Score: 600 May 23, 2016 2016-041-028 : WOODARD v. THE STATE OF NEW YORK, # 2016-041-028, Claim No. NONE, Motion No. M-87966 M-87966
Application to file late claim alleging medical negligence is granted where proposed claim alleging that defendant negligently failed to timely perform recommended surgical procedure and otherwise failed to adequately treat condition affecting claimant's prostate, bladder and urethra, together with affidavit of medical expert and claimant's medical records, established the appearance of a meritorious claim.
Score: 555 May 23, 2016 2016-038-532 : FINGERS v. THE STATE OF NEW YORK & THE ATTORNEY GENERAL OF THE STATE OF NEW YORK, # 2016-038-532, Claim No. 126837, Motion No. M-87793 M-87793
Defendant's motion to dismiss the claim asserting assaults by correction officers on three different dates granted, and claim dismissed. Claim was not timely, was not served by CMRRR, and was commenced after the expiration of the one year statute of limitations in CPLR 215 (3).
Score: 449 May 23, 2016 2016-038-530 : WHITE v. STATE OF NEW YORK, # 2016-038-530, Claim No. 125091, Motion No. M-87721, Cross-Motion No. CM-87863 M-87721
Score: 809 May 23, 2016 2016-041-029 : MARTIN v. THE STATE OF NEW YORK, # 2016-041-029, Claim No. 126048, 125735, Motion No. M-88125, Cross-Motion No. CM-88126 M-88125
Defendant's cross-motion to dismiss claims for failure to accurately state date claims accrued and failure to accurately state nature of the claims is granted and claims are dismissed; claimants' motion to amend claims to state proper date and nature of claims is treated as an application to file and serve late claims and permission to file and serve late claims is granted as allegations provide cause to believe that meritorious claims may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claims.
Score: 537 May 19, 2016 2016-038-526 : DINERMAN v. NYS LOTTERY, # 2016-038-526, Claim No. 127453, Motion No. M-88171 M-88171
Defendant's motion to dismiss for failure to comply with the pleading requirements of CPLR 3013 and Court of Claims Act § 11 (b) granted because pleading lacks any discernable facts that would demonstrate the nature of the claim.
Score: 600 May 19, 2016 2016-018-725 : DAVIES v. STATE OF NEW YORK, # 2016-018-725, Claim No. 126450, Motion No. M-88074 M-88074
Claim dismissed for failure to serve upon Attorney General.
Score: 518 May 19, 2016 2016-038-527 : DINERMAN v. NYS LOTTERY, # 2016-038-527, Claim No. 127392, Motion No. M-88222 M-88222
Defendant's motion to dismiss for failure to comply with the pleading requirements of CPLR 3013 and Court of Claims Act § 11 (b) granted because pleading lacks any discernable facts that would demonstrate the nature of the claim.
Score: 475 May 18, 2016 2016-038-525 : GOURDINE v. THE STATE OF NEW YORK, # 2016-038-525, Claim No. 127288, Motion Nos. M-87959, M-88017 M-87959, M-88017
Defendant's motion to dismiss granted because claim not timely served. Also, claim asserted only State constitutional torts arising from defendant's failure to properly consider/apply regulations and directives regarding confinement of claimant in a cell with plexiglass covering the window. Such constitutional torts unavailable where claimant had an alternative remedy available in the form of an administrative grievance and a proceeding pursuant to Article 78 of the CPLR.
Score: 713 May 18, 2016 2016-018-724 : MORENO v. STATE OF NEW YORK, # 2016-018-724, Claim No. 126782, None, Motion Nos. M-87752, M-87760, M-87926 M-87752, M-87760, M-87926
Claimant's motions, M-87752 and M-87926, are denied and the claim is dismissed for improper service of the claim. Claimant's motion, M-87760, seeking permission to file a late claim is granted.
Score: 537 May 12, 2016 2016-018-723 : WALTON v. STATE OF NEW YORK, # 2016-018-723, Claim No. NONE, Motion No. M-88245 M-88245
Motion is denied, it is not clear what relief is being sought by Claimant.
Score: 648 May 12, 2016 2016-018-720 : BROOKS v. STATE OF NEW YORK, # 2016-018-720, Claim No. 121722, Motion No. M-88231 M-88231
Defendant's motion to dismiss the claim is granted (Court of Claims Act § 19 (3) and CPLR 3216).
Score: 236 May 12, 2016 2016-018-722 : TOLENTINO v. STATE OF NEW YORK, # 2016-018-722, Claim No. 127284, Motion No. M-88264 M-88264
Claimant's motion for summary judgment must be denied. Claimant failed to submit a copy of the pleadings and documentation establishing that he is entitled to summary judgment. Additionally, there appear to be issues of fact.
Score: 696 May 12, 2016 2016-018-721 : BRYANT v. STATE OF NEW YORK, # 2016-018-721, Claim No. NONE, Motion No. M-88040 M-88040
Late claim application granted.
Score: 763 May 12, 2016 2016-038-524 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-524, Claim No. 127075, Motion No. M-87843, Cross-Motion No. CM-87936 M-87843
Defendant's motion to dismiss on the grounds of late service and filing of claim granted, and claim dismissed. Claimant's cross motion for extension of time denied because Court of Claims Act § 10 (6) is not a device to be used to allow a litigant a second opportunity to litigate after an alternative remedy was unsuccessful. The prior action was terminated by final judgment, precluding commencement of a new claim pursuant to CPLR 205 (a). Rule of discovery of toxic tort exposure (Court of Claims Act § 10 [7] and CPLR 214-c) does not provide that the instant claim was
Score: 570 May 10, 2016 2016-018-719 : GARDNER v. STATE OF NEW YORK, # 2016-018-719, Claim No. 109520, Motion No. M-88418 M-88418
Defendant's motion for Order Directing CPLR 50-B judgment granted; stipulated, modified damage award was not reduced by collateral source payments and reductions must be made in Order Directing Judgment.
Score: 420 May 10, 2016 2016-016-026 : ROSS v. STATE UNIVERSITY OF NEW YORK and THE STATE OF NEW YORK, # 2016-016-026, Claim No. 127223, Motion No. M-87845, Cross-Motion No. CM-87888 M-87845
Score: 388 May 9, 2016 2016-038-522 : DRAKE v. THE STATE OF NEW YORK, # 2016-038-522, Claim No. 126759, Motion No. M-87447, Cross-Motion No. CM-87531 M-87447
Defendant's motion to dismiss the claim for failure to state a cause of action pursuant to CPLR 3211 (a) (7) denied. Claim alleges that defendant offered a reward for information leading to the capture of two prison escapees, and that claimant provided defendant with certain information. Those allegations, given the liberal reading required on a motion to dismiss for failure to state a cause of action, are sufficient to plead consideration on a contract.
Score: 518 May 5, 2016 2016-038-521 : SMITH v. STATE OF NEW YORK, # 2016-038-521, Claim No. None, Motion No. M-87413 M-87413
Motion for late claim relief denied without prejudice to subsequent motion for same relief. Motion was unsupported by proposed claim, and the notice of intention was patently non-compliant with Court of Claims Act § 11 (b) and thus, could not be considered as the proposed claim.
Score: 613 May 5, 2016 2016-041-027 : WASHINGTON v. THE STATE OF NEW YORK, # 2016-041-027, Claim No. 124899, Motion Nos. M-88246, M-88303, Cross-Motion No. CM-88307 M-88246, M-88303
Claim alleging that defendant wrongfully confined claimant as a result of improperly classifying claimant as a violent felony offender is dismissed for lack of subject matter jurisdiction, failure to state a cause of action and upon the doctrine of res judicata; claimant's motion to amend claim is denied as moot.
Score: 388 May 2, 2016 2016-041-024 : SIERRA-GARCIA v. THE STATE OF NEW YORK, # 2016-041-024, Claim No. 121658, Motion No. M-88181 M-88181
Defendant's motion to dismiss claim as jurisdictionally defective due to claim not having been served on the Attorney General is granted.
Score: 713 April 29, 2016 2016-045-011 : SCHOLER v. THE STATE OF NEW YORK, # 2016-045-011, Claim No. 127021, Motion No. M-87981 M-87981
Defendant's motion to dismiss the claim brought against the New York State Housing Trust Fund Corporation and New York Rising. Claim concerned reimbursement amounts for damages due to storms. Claim dismissed, no jurisdiction over public benefits corporation, improper service by priority mail and essentially a review of adverse administrative decision, Article 78.
Score: 637 April 28, 2016 2016-040-029 : OLIVENCIA v. THE STATE OF NEW YORK, # 2016-040-029, Claim No. 111296, Motion No. M-87502 M-87502
State's motion to dismiss for failure to prosecute denied as Defendant did not mail demand to resume prosecution to Claimant at last-known address Claimant provided Attorney General as required by CPLR 2103.
Score: 388 April 28, 2016 2016-040-028 : VONGPHAKDY v. THE STATE OF NEW YORK, # 2016-040-028, Claim No. 124915, Motion No. M-88037 M-88037
Defendant's motion to amend answer to assert qualified governmental immunity granted.
Score: 763 April 27, 2016 2016-041-021 : WIGGINS v. THE STATE OF NEW YORK, # 2016-041-021, Claim No. 122921, Motion No. M-87633, Cross-Motion No. CM-87990 M-87633
Claimant's motion for summary judgment is denied in wrongful confinement action based upon disciplinary determination which was reversed in claimant's Article 78 proceeding where claimant fails to show, as a matter of law, that defendant's quasi-judicial hearing immunity is abrogated by defendant's violation of disciplinary hearing regulation; defendant's cross-motion to dismiss wrongful confinement claim for lack of jurisdiction is denied where notice of intention to file a claim satisfied requirements of Court of Claims Act §§ 10 and 11 despite having been served prior to accrual of the claim.
Score: 498 April 27, 2016 2016-041-020 : HENDRICKS v. THE STATE OF NEW YORK, # 2016-041-020, Claim No. 127041, Motion No. M-88014 M-88014
Claimant's motion to file and serve late claim is denied where claimant fails to provide proposed claim with his application.
Score: 744 April 27, 2016 2016-041-022 : JOHNSON v. THE STATE OF NEW YORK, # 2016-041-022, Claim No. 126263, Motion No. M-88030 M-88030
Claim alleging that defendant wrongfully confined claimant as a result of unlawfully determining that claimant's consecutive sentences of imprisonment should be aggregated to a single sentence and by withholding good time credit is dismissed based upon the doctrines of res judicata and collateral estoppel where claimant has unsuccessfully litigated these same issues in two CPLR Article 78 proceedings and two habeas corpus proceedings.
Score: 737 April 22, 2016 2016-040-027 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-040-027, Claim No. 127172, Motion Nos. M-87957, M-88292 M-87957, M-88292
State's pre-Answer motion to dismiss granted and Claim dismissed as not timely served upon Defendant.
Score: 449 April 20, 2016 2016-040-026 : SMITH v. THE STATE OF NEW YORK, # 2016-040-026, Claim No. 126158, Motion No. M-87997 M-87997
Motion for change of venue denied.
Score: 475 April 18, 2016 2016-016-025 : O'GARA v. STATE OF NEW YORK, # 2016-016-025, Claim No. 125612, Motion No. M-87026, Cross-Motion No. CM-87119 M-87026
Score: 555 April 18. 2016 2016-032-123 : BURNS v. THE STATE OF NEW YORK, # 2016-032-123, Claim No. 123779, Motion No. M-87775 M-87775