New York State Court of Claims

New York State Court of Claims

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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: 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: 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: 149 April 18, 2016 2016-041-018 : DAVIS v. THE STATE OF NEW YORK, # 2016-041-018, Claim No. 120927, Motion No. M-87876, Cross-Motion No. CM-88099 M-87876
Claimant's motion for summary judgment in dental malpractice claim is denied where claimant fails to provide a complete copy of the pleadings with motion; defendant's cross-motion for summary judgment dismissing the claim is granted as claimant fails to raise a material issue of fact in opposition to defendant's competent admissible proof showing that no dental malpractice or negligence occurred in claimant's dental care.
Score: 613 April 18, 2016 2016-040-025 : JOHNSON v. THE STATE OF NEW YORK, # 2016-040-025, Claim No. 126028, Motion No. M-87949 M-87949
State's motion to dismiss granted as Claim was served by regular mail.
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
Score: 236 April 13, 2016 2016-018-718 : NOEL v. STATE OF NEW YORK, # 2016-018-718, Claim No. 124701, Motion No. M-88062 M-88062
Claimants motion is granted only to the extent they have established a prima facie case of the State's negligence, and the Defendant has failed to establish any evidence of negligence on the part of Claimants. Defendant's 2 nd , 3 rd , 5 th , 6 th , 8 th , 9 th , and 10 th affirmative defenses are dismissed.
Score: 713 April 13, 2016 2016-032-122 : ASHBY v. THE STATE OF NEW YORK, # 2016-032-122, Claim No. None, Motion No. M-87488 M-87488
Score: 347 April 13, 2016 2016-018-717 : MATTHEWS v. STATE OF NEW YORK, # 2016-018-717, Claim No. 126660, Motion No. M-88072 M-88072
Claimant brings a motion seeking an Order granting permission to amend his claim and to compel Defendant to comply with a demand for discovery. This motion is DENIED, because the claim which Claimant seeks permission to amend has already been dismissed on a prior motion.
Score: 449 April 13, 2016 2016-015-127 : ANAND v. THE STATE OF NEW YORK, # 2016-015-127, Claim No. 122521, Motion No. M-87781 M-87781
Pro se claimant's motion for summary judgment on his FLSA claim was denied.
Score: 420 April 12, 2016 2016-018-715 : STEPHANSKI v. STATE OF NEW YORK, # 2016-018-715, Claim No. 127283, Motion No. M-88015 M-88015
After review of the claim and opposition from the Deputy County Attorney, The Court will not exercise its discretion to appoint an attorney to appear without compensation in this matter. Claimant's motion is DENIED.
Score: 420 April 12, 2016 2016-015-128 : Baskerville v. THE STATE OF NEW YORK, # 2016-015-128, Claim No. None, Motion No. M-87992 M-87992
Inmate's motion for late claim relief was denied as he failed to sufficiently allege the factual basis for his claim that defendant was negligent in failing to protect him from an assault by another inmate.
Score: 750 April 8, 2016 2016-040-024 : VAIL v. THE STATE OF NEW YORK, # 2016-040-024, Claim No. 121633 
Claim dismissed for failure to prosecute.
Score: 449 April 8, 2016 2016-015-126 : NYSEG v. THE STATE OF NEW YORK, # 2016-015-126, Claim No. 122824, Motion No. M-87589 M-87589
Claimant's motion to amend its claim was granted and its motion for partial summary judgment was denied. Issues of fact precluding summary judgment existed regarding whether or not defendant's directive to relocate utility pole was arbitrary or wanton.
Score: 750 April 7, 2016 2016-040-022 : VAIL v. THE STATE OF NEW YORK, # 2016-040-022, Claim No. 121595 
Claim dismissed for failure to prosecute.
Score: 713 April 7, 2016 2016-040-023 : STEVENS v. THE STATE OF NEW YORK, # 2016-040-023, Claim No. 111950 
Claim dismissed for failure to prosecute.
Score: 236 April 7, 2016 2016-050-022 : DESTEFANO v. THE STATE OF NEW YORK, # 2016-050-022, Claim No. 122149, Motion No. M-87467 M-87467
Defendant moves for summary judgment in a claim for damages sustained in a bicycle accident. The proof submitted by defendant in support of the motion reflects the presence of issues of fact related to the defense upon which the motion is predicated (that claimant assumed the risk and maintenance of the roadway). The presence of such issue of fact requires a denial of the motion. Defendant has failed to discharge its initial burden of proof and the motion is denied.
Score: 537 April 6, 2016 2016-015-125 : GREEN v. THE STATE OF NEW YORK, # 2016-015-125, Claim No. 127126, Motion No. M-87800 M-87800
Claim failed to meet the pleading requirements of Court of Claims Act 11 (b) and was dismissed.
Score: 299 April 6, 2016 2016-053-515 : McRAE v. THE STATE OF NEW YORK, # 2016-053-515, Claim No. 125817, Motion No. M-87786 M-87786
Claimant's motion for summary judgment in a claim alleging that Defendant failed to administer necessary dental care is denied for failure to submit an affidavit of a medical expert.
Score: 819 April 4, 2016 2016-032-119 : PURISIC v. THE STATE OF NEW YORK, # 2016-032-119, Claim No. 125923, Motion Nos. M-87044, CM-87657 M-87044, CM-87657
Score: 518 April 4, 2016 2016-016-023 : SCHINDLER v. THE CITY UNIVERSITY OF NEW YORK, # 2016-016-023, Claim No. 126895, Motion No. M-87977, Cross-Motion No. CM-88020 M-87977
Score: 299 April 4, 2016 2016-038-106 : CHANDLER v. STATE OF NEW YORK, # 2016-038-106, Claim No. 118619 
Preponderance of the credible evidence at trial did not establish that defendant's agents knew or should have known that the inmate assigned to double-bunk with claimant was a member of a rival gang, and thus, the proof did not establish that the assault by the new cellmate was reasonably foreseeable.
Score: 570 March 31, 2016 2016-038-516 : GREEN v. STATE OF NEW YORK, # 2016-038-516, Claim No. 124418, Motion No. M-87707 M-87707
Claimant's motion for reargument denied. No showing that Court overlooked or misapprehended matters of fact or law in denying claimant's motion for summary judgment. Claimant's motion was unsupported by sufficient evidence to bear his burden of demonstrating his entitlement to judgment as a matter of law, and he cited no authority for the proposition that the Court should have overlooked this omission pursuant to CPLR 2001 and/or considered evidence submitted by defendant in opposition to claimant's motion and in support of its cross motion for summary judgment.
Score: 687 March 31, 2016 2016-040-021 : OPPENHEIMER v. THE STATE OF NEW YORK, # 2016-040-021, Claim No. 123377, Motion No. M-87655, Cross-Motion No. CM-87826 M-87655
Claimant's motion for summary judgment denied. State's cross-motion to dismiss granted in part.
Score: 299 March 31, 2016 2016-038-518 : WHITE v. THE STATE OF NEW YORK, # 2016-038-518, Claim No. 125219, Motion No. M-87604 M-87604
Claimant's motion for an order compelling responses to a request for admissions and document demand denied. A notice to admit pursuant to CPLR 3123 is self-effectuating, and a motion to compel a response to such a notice is unnecessary and improper. Moreover, defendant's submission on the motion included its response to the notice to admit and the document that claimant requested, and claimant offered no objection thereto, and thus, the motion was moot.
Score: 388 March 30, 2016 2016-050-020 : HARNEY v. THE STATE OF NEW YORK, # 2016-050-020, Claim No. None, Motion No. M-87937 M-87937
Claimant's move to file a late claim for medical malpractice and the defendant opposes the motion. The proposed claim essentially rests on the asserted incorrect reading by the emergency room radiologist and the misdiagnosis of the stroke which was identified upon his second emergency room visit. A balancing of the statutory factors of CCA section 10 (6) weighs in favor of granting this application. Therefore, the motion is granted.
Score: 555 March 30, 2016 2016-041-016 : LAPIERRE v. THE STATE OF NEW YORK, # 2016-041-016, Claim No. 123678, Motion No. M-88006 M-88006
Claimant's motion to treat his prior motion to compel production of the Department of Correction and Community Services Inspector General case file relating to the incident underlying the excessive force/assault claim to a motion for penalties and sanctions is denied; claimant's motion for a default judgment and to strike defendant's affirmative defenses is denied.
Score: 613 March 30, 2016 2016-018-713 : MOSBY v. STATE OF NEW YORK, # 2016-018-713, Claim No. 121105, Motion No. M-85512 M-85512
Claimant brought a motion (M-85512) to compel Defendant's responses on previous discovery demands, to which Defendant objected. The Court directed Defendant to provide certain information in camera. This Decision and Order directs what information shall be disclosed, upon the execution of a confidentiality agreement. Claimant's motion is granted on the issues unresolved by this Court's Decision and Order dated Oct. 27, 2014, only to the extent set forth herein.
Score: 555 March 29, 2016 2016-041-015 : ADAMS v. THE STATE OF NEW YORK, # 2016-041-015, Claim No. 127120, Motion No. M-87875 M-87875
Claim is dismissed since it was not served on the Attorney General in the manner strictly required by the Court of Claims Act.
Score: 347 March 29, 2016 2016-050-021 : PRESSLEY v. THE STATE OF NEW YORK, # 2016-050-021, Claim No. NONE, Motion No. M-88078 M-88078
Motion for late claim relief is denied. Claimant failed to attached a copy of the proposed claim to the instant motion.
Score: 420 March 28, 2016 2016-045-006 : RICHARDS v. STATE OF NEW YORK, # 2016-045-006, Claim No. 125277, Motion No. M-86949 M-86949
follow up order dismissing claim after motion to be relieved as counsel.
Score: 236 March 28, 2016 2016-038-515 : WHITE v. STATE OF NEW YORK, # 2016-038-515, Claim No. 124872, Motion No. M-87603 M-87603
Claimant's motion for an order compelling responses to a request for admissions and striking
Score: 420 March 28, 2016 2016-045-007 : SAVOCA v. STATE OF NEW YORK, # 2016-045-007, Claim No. 124263, Motion No. M-86797 M-86797
follow up order dismissing claim after motion to be relieved as counsel.
Score: 347 March 24, 2016 2016-018-710 : Cortright v. STATE OF NEW YORK, # 2016-018-710, Claim No. 127053, Motion No. M-87925 M-87925
Defendant's motion is granted as Claimant has no individual cause of action for Ms. Bush's death ( see EPTL 5-4.4 [a] and 5-4.3.
Score: 678 March 24, 2016 2016-053-001 : HOWLAND v. THE STATE OF NEW YORK, # 2016-053-001, Claim No. 120797 
Court finds State of New York 100% liable for personal injuries sustained by Claimant, who lost control of her motorcycle after driving over a recessed manhole that was determined to be in a hazardous condition. The Court finds that Defendant had constructive notice of the recessed manhole and that it was a substantial factor in causing Claimant's alleged injuries.
Score: 498 March 24, 2016 2016-038-514 : CARLTON v. THE STATE OF NEW YORK, # 2016-038-514, Claim No. None, Motion No. M-87537 M-87537
Motion for late claim relief denied. Motion unsupported by proposed claim. Although claimant submitted a Notice of Intention, it did not adequately state the manner in which the claim arose, and thus, could not be treated as a proposed claim.
Score: 570 March 24, 2016 2016-018-709 : McRAE v. STATE OF NEW YORK, # 2016-018-709, Claim No. 123943, Motion No. M-87507 M-87507
Information necessary to comply with Court of Claims Act 11 (b) was not supplied, and this Court lacks authority to vacate or expunge the findings of a tier hearing and the issue was previously decided by another court. Claimant's motion is denied.
Score: 449 March 24, 2016 2016-018-711 : YOUNG v. STATE OF NEW YORK, # 2016-018-711, Claim No. NONE, Motion No. M-87951 M-87951
Late claim application denied - previously granted.
Score: 475 March 24, 2016 2016-016-022 : MANI v. SUNY DOWNSTATE MEDICAL CENTER, # 2016-016-022, Claim No. None, Motion No. M-87938 M-87938
Score: 637 March 23, 2016 2016-009-009 : CAPEL v. THE STATE OF NEW YORK, # 2016-009-009, Claim No. NONE, Motion No. M-87118 M-87118
Claimant's motion seeking permission to serve and file a late claim based upon an inmate assault against him at Marcy Correctional Facility was denied, in part due to claimant's failure to establish a meritorious claim.
Score: 770 March 23, 2016 2016-041-504 : FABIANO v. THE STATE OF NEW YORK, # 2016-041-504, Claim No. 120451 
Claimant injured in fall from construction site who suffered, among other injuries, spinal T12/L1 fracture leading to decompressive lumbar laminectomy and surgical insertion of stabilizing hardware and permanent spinal cord stimulator is awarded damages for medical expenses, lost earnings, and pain and suffering in the amount of $958,098.17 for past losses and $1,460,200.00 for future damages.
Score: 475 March 22, 2016 2016-016-021 : CHON v. BARUCH COLLEGE and CITY UNIVERSITY OF NEW YORK, # 2016-016-021, Claim No. 122153, Motion No. M-87695, Cross-Motion No. CM-87894 M-87695
Score: 600 March 21, 2016 2016-053-513 : SMASZCZ v. THE STATE OF NEW YORK, # 2016-053-513, Claim No. 114284, Motion No. M-87952 M-87952
A motion to compel further production of documents, including psychiatric patient records, is denied as the law of the case doctrine applies and requires this Court not to modify a prior order.
Score: 613 March 21, 2016 2016-038-105 : MEDINA v. STATE OF NEW YORK, # 2016-038-105, Claim No. 123949 
Claimant, an individual incarcerated in a State correctional facility, did not prove by a preponderance of the credible evidence that a correction officer was unauthorized to use force, that he did not reasonably believe that the use of force was necessary under the circumstances, or that the degree of force used by him was unreasonable. The Court did not credit claimant's version of the event, and the fact that the CO was a younger and larger man than claimant does not necessarily mean that the use of force was excessive.
Score: 149 March 17, 2016 2016-015-606 : WHALEN v. THE STATE OF NEW YORK, # 2016-015-606, Claim No. 121287 
At trial claimant failed to establish through the submission of medical evidence either medical malpractice or medical negligence.