New York State Court of Claims

New York State Court of Claims

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Score: 600 July 11, 2016 2016-040-050 : BHUIYAN v. THE STATE OF NEW YORK, # 2016-040-050, Claim No. 125953, Motion No. M-88305, Cross-Motion No. CM-88372 M-88305
Claimant's second Motion for Summary Judgment denied. State's Cross-Motion to Dismiss also denied.
Score: 149 July 11, 2016 2016-041-043 : DAVIS v. THE STATE OF NEW YORK, # 2016-041-043, Claim No. 127152, Motion No. M-88455 M-88455
Claimant's application for trial preference is denied.
Score: 347 July 11, 2016 2016-041-041 : PHILLIPS v. THE STATE OF NEW YORK, # 2016-041-041, Claim No. 127743, Motion No. M-88576 M-88576
Defendant's motion to dismiss unlawful confinement claim is granted where claim fails to state a cause of action as claimant's confinement was privileged.
Score: 475 July 11, 2016 2016-041-042 : PETTIFORD v. THE STATE OF NEW YORK, # 2016-041-042, Claim No. NONE, Motion No. M-88537 M-88537
Claimant's application to file and serve late claim alleging unjust conviction and false imprisonment is denied where application is brought more than twenty (20) years after the conviction was vacated, the indictment dismissed and claimant was released from confinement.
Score: 585 July 8, 2016 2016-040-047 : JOHNSON v. THE STATE OF NEW YORK, # 2016-040-047, Claim No. 126452, Motion No. M-88379, Cross-Motion No. CM-88437 M-88379
Claimant's Motion for Summary Judgment and Defendant's Motion for Sanctions and Preclusion are denied.
Score: 637 July 8, 2016 2016-040-046 : SHERALD v. THE STATE OF NEW YORK, # 2016-040-046, Claim No. 114707, Motion No. M-88444 M-88444
Both the Notice of Intention to File a Claim and the Claim were served by regular mail, not by personal service or certified mail, return receipt requested as required by the Court of Claims Act.
Score: 347 July 8, 2016 2016-040-049 : COSME v. THE STATE OF NEW YORK, # 2016-040-049, Claim No. 127580, Motion No. M-88404 M-88404
Claimant's Motion to Compel Defendant to Produce documents denied.
Score: 475 July 8, 2016 2016-040-048 : HADDOCK v. STATE OF NEW YORK, # 2016-040-048, Claim No. 126379, Motion No. M-88400 M-88400
Claimant's Motion to Strike the State's Answer and for Summary Judgment denied.
Score: 498 July 6, 2016 2016-032-504 : REYES v. THE STATE OF NEW YORK, # 2016-032-504, Claim No. 107609 
Following a trial, claimant's medical negligence claim is dismissed based upon his failure to provide expert testimony.
Score: 388 July 6, 2016 2016-032-503 : COLLINS v. THE STATE OF NEW YORK, # 2016-032-503, Claim No. 120207 
Following a trial, claimant failed to establish the elements of a bailment claim.
Score: 696 June 30, 2016 2016-040-045 : DOUGLAS v. THE STATE OF NEW YORK, # 2016-040-045, Claim No. 125373, Motion No. M-88056 M-88056
State's Motion to Dismiss based on lack of jurisdiction granted in part and denied in part.
Score: 687 June 29, 2016 2016-040-044 : ATKINS v. STATE OF NEW YORK, # 2016-040-044, Claim No. 127174, Motion No. M-88185 M-88185
State's Motion to Dismiss Claim for lack of subject matter jurisdiction granted.
Score: 498 June 24, 2016 2016-038-541 : TAFARI v. THE STATE OF NEW YORK, # 2016-038-541, Claim No. 124750, Motion No. M-88119 M-88119
Defendant's motion to dismiss claim alleging denial of religious festival meal granted. Court of Claims lacks jurisdiction over claims asserting federal constitutional violations, and subject matter jurisdiction over such claims lies in supreme court per Correction Law § 610.
Score: 236 June 23, 2016 2016-041-039 : SCOTT v. THE STATE OF NEW YORK, # 2016-041-039, Claim No. 127416, Motion No. M-88411 M-88411
Claimant's motion to dismiss defenses is denied where claimant fails to attach a copy of pleadings and fails to show that the defenses lacked merit.
Score: 537 June 21, 2016 2016-041-037 : SABUNCU v. THE STATE OF NEW YORK, # 2016-041-037, Claim No. 123615, Motion No. M-87397 M-87397
Defendant's motion for summary judgment dismissing claim based upon inmate-on-inmate assault is granted except to the extent there exists a triable issue of fact with respect to the claimant's specific allegations that defendant's correction officer failed to timely intervene to stop the ongoing assault and mitigate the injuries and damages inflicted on claimant by his fellow inmate.
Score: 388 June 21, 2016 2016-041-038 : CRUZ v. THE STATE OF NEW YORK, # 2016-041-038, Claim No. 125109, Motion Nos. M-88190, M-88249 M-88190, M-88249
Claimant's motions for orders compelling discovery and for appointment of counsel are each denied.
Score: 555 June 17, 2016 2016-053-524 : SILL v. THE STATE OF NEW YORK, # 2016-053-524, Claim No. 126504, Motion No. M-87754 M-87754
Defendant's motion to dismiss the claim for lack of jurisdiction is granted. Although a question of fact exists whether Claimant had on-going treatment to qualify as continuous treatment to support his medical negligence or medical malpractice claim, both the claim and the notice of intention to file a claim were improperly served. Claimant also fails to establish that his claim should be tolled.
Score: 600 June 17, 2016 2016-053-002 : SCHANER v. STATE OF NEW YORK, # 2016-053-002, Claim No. 117271 
Claim dismissed following trial for personal injuries sustained by Claimant after falling into a culvert and drainage ditch at Allegany State Park. Claimants failed to establish any history of prior accidents or that drainage ditch and culvert adjacent to trail constituted a dangerous condition. Courts finds proximate cause of injuries to be Claimant's own actions.
Score: 498 June 16, 2016 2016-041-035 : OYAGUE v. THE STATE OF NEW YORK, # 2016-041-035, Claim No. 124647, Motion No. M-88031, Cross-Motion No. CM-88421 M-88031
Claimant's motion to renew summary judgment motion is granted and renewed summary judgment motion is denied; claimant's motion to amend claim is granted; defendant's cross-motion to amend answer to add defense of res judicata/collateral estoppel is granted and motion for partial dismissal of the claim based upon said defense is denied with leave to renew.
Score: 555 June 16, 2016 2016-015-147 : GREMER v. STATE OF NEW YORK, DEPARTMENT OF TRANSPORTATION (LAKE GEORGE, NY), # 2016-015-147, Claim No. None, Motion No. M-88142 M-88142
Motion for leave to file late claim denied where movant failed to establish all of the factors necessary for consideration.
Score: 570 June 15, 2016 2016-015-145 : SANO-RUBIN v. THE STATE OF NEW YORK, # 2016-015-145, Claim No. 127318, Motion No. M-88065 M-88065
Contract claim was dismissed for failing to meet the pleading requirements of Court of Claims Act §11(b).
Score: 347 June 15, 2016 2016-038-540 : ALLEN v. DONALD G. UHLER, Superintendent of Upstate Corr. Fac., # 2016-038-540, Claim No. 126942, Motion No. M-88329 M-88329
Defendant's motion to dismiss granted. Claim served upon Attorney General by ordinary first class mail, not certified mail, return receipt requested.
Score: 613 June 14, 2016 2016-040-043 : GIAMICHAEL v. THE STATE OF NEW YORK, # 2016-040-043, Claim No. 127425, Motion No. M-88169 M-88169
State's pre-Answer Motion to Dismiss Claim based upon its failure to meet specificity requirements of CCA § 11(b) granted. Claim asserts it arose in the Saranac River in the vicinity of Plattsburgh, NY.
Score: 585 June 13, 2016 2016-038-538 : BARNES v. THE STATE OF NEW YORK, # 2016-038-538, Claim No. None, Motion No. M-88079 M-88079
Claimant's motion for late claim relief pursuant to Court of Claims Act § 10 (6) denied as jurisdictionally defective. Applicable statutes of limitations in Article 2 of the CPLR all expired prior to the filing of the motion.
Score: 299 June 13, 2016 2016-015-139 : BENNETT v. THE STATE OF NEW YORK, # 2016-015-139, Claim No. 120628, Motion Nos. M-87975, M-88212 M-87975, M-88212
Motions to amend dismissed claim and to reargue prior dismissal were denied.
Score: 518 June 13, 2016 2016-015-140 : RODRIGUEZ v. THE STATE OF NEW YORK, # 2016-015-140, Claim No. NONE, Motion No. M-88103 M-88103
Late claim motion arising from inmate-on-inmate assault was denied.
Score: 498 June 10, 2016 2016-015-144 : ALSAIFULLAH v. THE STATE OF NEW YORK, # 2016-015-144, Claim No. 125565, Motion No. M-88077, Cross-Motion No. CM-88160 M-88077
Claim was dismissed for improper service.
Score: 518 June 10, 2016 2016-015-143 : LEE v. THE STATE OF NEW YORK, # 2016-015-143, Claim No. 127303, Motion No. M-88039 M-88039
Claim was dismissed for improper service.
Score: 475 June 10, 2016 2016-015-142 : BROWN v. THE STATE OF NEW YORK, # 2016-015-142, Claim No. 125982, Motion No. M-88053, Cross-Motion No. CM-88152 M-88053
Claim was dismissed as untimely.
Score: 420 June 10, 2016 2016-038-537 : WILLIAMS v. THE STATE OF NEW YORK, # 2016-038-537, Claim No. 116678, Motion No. M-87491 M-87491
Claimant's motion for default judgment on amended claim denied. Amended claim that was initially filed was reconsidered and found to be a motion, and the subsequently filed amended claim was timely answered by defendant.
Score: 537 June 9, 2016 2016-040-042 : SMITH v. THE STATE OF NEW YORK, # 2016-040-042, Claim No. NONE, Motion No. M-88158 M-88158
Motion to file a Claim late pursuant to CCA § 10(6) denied. Lack of appearance of merit.
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: 537 June 3, 2016 2016-040-040 : MATTHEWS v. THE STATE OF NEW YORK, # 2016-040-040, Claim No. 127039, Motion No. M-88312 M-88312
State's Motion to Dismiss adjourned to allow parties to submit evidence as to date Claimant received notification his institutional claim was denied.
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 2016-015-137 : KENSTAR v. THE STATE OF NEW YORK, # 2016-015-137, Claim No. 123776, Motion No. M-87886 M-87886
Movant's application to withdraw as counsel for the claimant was granted with conditions.
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: 798 June 1, 2016 2016-040-037 : SMITH v. THE STATE OF NEW YORK, # 2016-040-037, Claim No. 126852, Motion No. M-87738, Cross-Motion No. CM-87831 M-87738
State's motion to dismiss Claim granted as notice of intent failed to meet particularity requirements of CCA § 11(b) and did not extend time to file a claim. Claim dismissed as untimely. Cross-motion to serve and file a claim late pursuant to CCA § 10(6) granted.
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 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: 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: 537 May 31, 2016 2016-038-528 : DINERMAN v. NYS LOTTERY, # 2016-038-528, Claim No. 127466, Motion No. M-88140 M-88140
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: 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: 600 May 27, 2016 2016-038-534 : KERNAN v. THE STATE OF NEW YORK, # 2016-038-534, Claim No. 126419, Motion Nos. M-87866, M-87867 M-87866, M-87867
Defendant's motion to dismiss on Court of Claims Act section 11 (b) grounds granted. Claim lacks adequate factual allegations of the nature of the claim, as it alleges only a generalized scenario in which, at unspecified times over the course of a decade, unnamed divisions or individuals within two of defendant's executive departments investigated and took several generalized actions against claimant and allegedly participated with the FBI and federal prosecutors in an unspecified manner with respect to an investigation and prosecution of claimant that related to his professional activities, and which ultimately concluded with a guilty plea by claimant, and that defendant failed to produce unspecified information that allegedly would have exonerated claimant.
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: 420 May 27, 2016 2016-015-608 : OWEN v. THE STATE OF NEW YORK, # 2016-015-608, Claim No. 123416 
Claim alleging false arrest, imprisonment and malicious prosecution following claimant's arrest for DWI was dismissed following trial. Police established probable cause for claimant's DWI arrest although blood tests performed at hospital were negative.
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.