New York State Court of Claims

New York State Court of Claims

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Score: 388 August 10, 2016 2016-016-045 : AMINOV v. THE STATE OF NEW YORK, # 2016-016-045, Claim No. 124440, Motion No. M-87609 M-87609
Score: 149 August 10, 2016 2016-041-056 : FULTON v. THE STATE OF NEW YORK, # 2016-041-056, Claim No. 124100, Motion No. M-88866 M-88866
Claimant's application for trial preference is denied.
Score: 347 August 10, 2016 2016-041-058 : BURROUGHS v. THE STATE OF NEW YORK, # 2016-041-058, Claim No. 127750, Motion No. M-88693 M-88693
Claimant's motion to dismiss defendant's answer is denied where claimant fails to show that the defenses in the answer lack merit as a matter of law and fails to attach copies of the pleadings in support of the motion.
Score: 475 August 4, 2016 2016-040-055 : BRIGGS v. THE STATE OF NEW YORK, # 2016-040-055, Claim No. 122422 
Court finds, following trial, that Claimant failed to establish by a preponderance of the credible evidence that he was falsely imprisoned.
Score: 299 August 1, 2016 2016-038-550 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-550, Claim No. 117598, Motion No. M-88414 M-88414
Defendant's motion for summary judgment granted in part. Defendant's submission of a grievance packet failed to establish the absence of a triable issue of material fact inasmuch as claimant asserted therein that a nurse crushed his medication, and the Superintendent concluded that the nurse did not do so. Claimant raised an issue of fact regarding whether he was denied certain skin products on two dates, and thus, defendant's motion was denied with respect to these two issues of fact.
Score: 299 July 29, 2016 2016-016-038 : FOLEY v. STATE OF NEW YORK, # 2016-016-038, Claim No. 124596 
Score: 388 July 29, 2016 2016-040-053 : BENNETT v. THE STATE OF NEW YORK, # 2016-040-053, Claim No. 128013, Motion No. M-88738 M-88738
Motion for poor person status and assignment of counsel denied as motion not served on County attorney.
Score: 388 July 28, 2016 2016-040-052 : CASANOVA v. THE STATE OF NEW YORK, # 2016-040-052, Claim No. 128001, Motion No. M-88718 M-88718
Claimant's motion for poor person status and assignment of counsel denied as Claimant did not serve motion upon County attorney as required by statute.
Score: 475 July 28, 2016 2016-038-548 : BUTLER v. THE STATE OF NEW YORK, # 2016-038-548, Claim No. 114595, Motion No. M-88341 M-88341
Defendant's motion to dismiss for failure to prosecute pursuant to CPLR 3216 denied, as demand omitted a phrase that is required by statute to be included in the demand.
Score: 149 July 27, 2016 2016-038-547 : SCROGGINS v. THE STATE OF NEW YORK, # 2016-038-547, Claim No. 127235, Motion No. M-88168 M-88168
Claimant's motion for summary judgment on claim for wrongful excessive confinement in SHU granted. Claimant established prima facie claim of wrongful confinement, and defendant failed to raise a material issue of fact regarding privilege to confine him beyond the expiration of his disciplinary penalty. Trial of damages for 8 days of wrongful confinement in SHU to be scheduled.
Score: 613 July 26, 2016 2016-040-051 : FARRELL v. THE STATE OF NEW YORK, # 2016-040-051, Claim No. 123359, Motion No. M-88333 M-88333
State's motion to dismiss for failure to prosecute denied as Defendant's demand letter did not comply with CPLR 3216.
Score: 613 July 25, 2016 2016-038-545 : PHILLIPS v. NEW YORK STATE GAMING COMMISSION, # 2016-038-545, Claim No. None, Motion No. M-88288 M-88288
Motion for late claim relief denied, because it was not made within an applicable limitation period as set forth in Article 2 of the CPLR. Further, although supported by a proposed claim and other exhibits, the motion failed to address the statutory factors that must be considered by the Court pursuant to Court of Claims Act 10 (6), and the proposed claim appeared to be noncompliant with the pleading requirements of Court of Claims Act 11 (b).
Score: 537 July 22, 2016 2016-041-054 : SEELEY v. THE STATE OF NEW YORK, # 2016-041-054, Claim No. 127802, Motion Nos. M-88686, M-88688 M-88686, M-88688
Defendant's motion to dismiss claim for failing to describe the claim with particularity, as required by Court of Claims Act 11 (b), is denied; inmate/claimant's motion to be produced to oppose defendant's motion is denied as moot.
Score: 518 July 21, 2016 2016-038-110 : TAFARI v. STATE OF NEW YORK, # 2016-038-110, Claim No. 118099 
Score: 518 July 20, 2016 2016-041-052 : BARNES v. THE STATE OF NEW YORK, # 2016-041-052, Claim No. NONE, Motion No. M-88702 M-88702
Untimely application to treat untimely notice of intention to file a claim as claim is denied.
Score: 518 July 18, 2016 2016-045-019 : KATSAROS v. THE STATE OF NEW YORK, # 2016-045-019, Claim No. 124304, Motion No. M-88073 M-88073
Claimant's motion for an extension of time to file expert reports in appropriation case.
Score: 475 July 13, 2016 2016-041-050 : BOULA v. THE STATE OF NEW YORK, # 2016-041-050, Claim No. 127031, Motion No. M-88297, Cross-Motion No. CM-88479 M-88297
Claimant's motion for summary judgment in wrongful confinement action based upon administratively reversed disciplinary determination is denied where claimant fails to satisfy his initial burden to show, as a matter of law, that claimant's confinement was not privileged; defendant's cross-motion to dismiss the claim for failure to state a cause of action is denied.
Score: 475 July 13, 2016 2016-044-543 : WATSON v. THE STATE OF NEW YORK, # 2016-044-543, Claim No. 122085, Motion No. M-88438 M-88438
Court denied inmate claimant's motion to compel a response to interrogatories directed toward a non-party witness as improper and issued protective order re same; court also denied motion for assignment of counse.
Score: 347 July 12, 2016 2016-041-049 : LOPEZ v. THE STATE OF NEW YORK, # 2016-041-049, Claim No. 126621, Motion No. M-88536 M-88536
Claimant's motion for an order compelling discovery is denied where claimant failed to first seek disclosure by notice or stipulation as set forth in CPLR 3102.
Score: 518 July 12, 2016 2016-045-017 : RAHBU v. THE STATE OF NEW YORK, # 2016-045-017, Claim No. 117488, Motion No. M-88335 M-88335
Defendant's motion to dismiss the claim pursuant to CPLR 3126. Claimant failed to keep the Court apprised of his current address.
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: 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: 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: 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: 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: 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: 347 July 8, 2016 2016-038-542 : BUCZYNSKI v. STATE OF NEW YORK, # 2016-038-542, Claim No. 125869, Motion No. M-88226 M-88226
Claimant's motion to compel responses to his discovery demands granted in part, and defendant is directed to produce the address of the one witness whose address has yet to be disclosed. Claimant's motion to exclude his stepdaughter as a witness due to mental health issues is denied, as claimant's motion does not provide sufficient support for such a request. Claimant's request to seal those parts of his affirmation and the exhibits related to his stepdaughter's mental health is denied, as the motion does not demonstrate good cause therefor. The remainder of claimant's requests on the motion, which are outside the scope of the permission granted on this discovery motion, are denied.
Score: 498 July 8, 2016 2016-038-543 : McPHILLIPS v. THE STATE OF NEW YORK, # 2016-038-543, Claim No. 121137, Motion No. M-87929 M-87929
Claimant's second motion to amend a claim sounding in defamation is denied. Absent allegations that the republication of the offending statements by the Daily News was authorized or requested by defendant, no cause of action for defamation is stated against defendant, and thus, the motion to amend the claim is denied. Further, the claim would be timely only if it accrued after March 18, 2011, and the proposed amended claim alleges that defendant's employee wrote the offending statements in November 2010, at which time the claim for defamation against defendant accrued.
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: 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: 570 July 6, 2016 2016-009-101 : McAULEY v. THE STATE OF NEW YORK, # 2016-009-101, Claim No. 119585 
Claimant's claim for damages based upon an alleged slippery condition at Mid-State Correctional Facility was dismissed.
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: 637 July 6, 2016 2016-038-109 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-109, Claim No. 116467, Motion No. M-86693 M-86693
Claimant awarded $350.00 for injuries sustained as a result of a battery by correction officers. Claimant testified at trial that he had been assaulted, and the only contradictory evidence was an Inmate Injury Report that reflected that claimant had not suffered certain injuries. Claimant's testimony was supported by an adverse inference drawn from defendant's failure to produce the original photographs of him that were taken after the assault, and missing witness inferences were drawn from defendant's failure to call as witnesses the three correction officers alleged to have been involved in the assault and the nurse who completed the Inmate Injury Report.
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: 626 July 5, 2016 2016-044-542 : BELOT v. THE STATE OF NEW YORK, # 2016-044-542, Claim No. 117532, Motion No. M-84205 M-84205
Court conducted in camera review of certain documentation relating to assailant of inmate claimant.
Score: 420 July 5, 2016 2016-051-509 : SOUTO v. STATE OF NEW YORK, # 2016-051-509, Claim No. 123928 
Claimant alleged that the State had notice of a dangerous pothole, failed to repair or warn of its existence and is responsible for damage to claimant's car. Following a trial, the Court finds that claimant has failed to establish his negligence claim against the defendant and his claim was dismissed.
Score: 687 June 30, 2016 2016-009-023 : QUICK v. THE STATE OF NEW YORK, # 2016-009-023, Claim No. NONE, Motion No. M-87634 M-87634
Claimant's motion for late claim relief was granted, in part, and claimant was granted permission to serve and file a claim based upon allegations of assault and battery. Claimant's request for the assignment of counsel was denied.
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: 648 June 28, 2016 2016-009-021 : FLYNN v. THE STATE OF NEW YORK, # 2016-009-021, Claim No. 126327, Motion No. M-87142, Cross-Motion No. CM-87878 M-87142
Claimant's motion for summary judgment was denied and defendant's cross-motion seeking an order dismissing the claim based upon untimely service was granted.
Score: 498 June 28, 2016 2016-045-016 : ALYAS v. THE STATE OF NEW YORK, # 2016-045-016, Claim No. 123933, Motion No. M-87991 M-87991
Defendant's motion to compel discovery pursuant to CPLR 3124 or in the alternative to dismiss the claim pursuant to CPLR 3126. Motion was not served on correct address for claimant's attorney.
Score: 537 June 28, 2016 2016-044-538 : RIOS v. THE STATE OF NEW YORK, # 2016-044-538, Claim No. 125761, Motion No. M-87993, Cross-Motion No. CM-88284 M-87993
Court granted inmate claimant's motion for summary judgment on cause of action for wrongful confinement due to defendant's failure to timely determine the administrative appeal, where the length of confinement would have been substantially less absent the violation, thus implicating constitutional due process issues. Damages of $1,700 awarded. Defendant's cross motion for summary judgment to dismiss the claim denied.
Score: 420 June 27, 2016 2016-044-541 : LITTLE v. THE STATE OF NEW YORK, # 2016-044-541, Claim No. 127490, Motion No. M-88462, Cross-Motion No. CM-88604 M-88462
Court granted defendant's cross motion to dismiss for failure to timely file/serve claim; inmate claimant's motion for summary judgment denied as moot.
Score: 687 June 24, 2016 2016-045-015 : SUTTON v. THE STATE OF NEW YORK, # 2016-045-015, Claim No. None, Motion No. M-88061 M-88061
Motion to file a late claim due to claimant's failure to properly verify the notice of intention (lack of verification).
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: 236 June 23, 2016 2016-041-040 : PLATT v. THE STATE OF NEW YORK, # 2016-041-040, Claim No. 127275, Motion No. M-88433 M-88433
Claimant's motion to dismiss defenses is denied where claimant fails to show that the defenses lack merit as a matter of law.
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: 449 June 20, 2016 2016-044-005 : GRAY v. THE STATE OF NEW YORK, # 2016-044-005, Claim No. 116410 
After trial, Court dismissed claim for negligent design, construction and/or maintenance of highway where injuries incurred were due to a mudslide. Claimants failed to establish the existence of any observable dangerous condition, and thus also failed to establish either actual or constructive notice thereof.