New York State Court of Claims

New York State Court of Claims

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Score: 570 August 25, 2016 2016-038-551 : HARDWICK v. THE STATE OF NEW YORK, # 2016-038-551, Claim No. 100497, Motion No. M-87535 M-87535
Score: 763 August 25, 2016 2016-044-554 : SLEIGHT v. THE STATE OF NEW YORK, # 2016-044-554, Claim No. 124380, Motion No. M-88368, Cross-Motion No. CM-88439 M-88368
Court grants claimant's motion to amend claim to add cause of action for Labor Law 240 (2) and for summary judgment on the issue of liability pursuant to Labor Law 240 (1) and (2), denies defendant's cross motion to dismiss those causes of action and the cause of action pursuant to Labor Law 241 (6), and grants defendant's cross motion to dismiss Labor Law 200.
Score: 613 August 25, 2016 2016-038-553 : YEFIMOVA v. STATE ALBANY NY FOR IRS, # 2016-038-553, Claim No. 127897, Motion No. M-88653 M-88653
Defendant's motion to dismiss on jurisdictional grounds granted. Claim does not satisfy the pleading requirements of Court of Claims Act 11 (b).
Score: 555 August 25, 2016 2016-038-552 : YEFIMOVA v. ALBANY NY, # 2016-038-552, Claim No. 127736, Motion No. M-88406 M-88406
Defendant's motion to dismiss on jurisdictional grounds granted. Claim does not satisfy the pleading requirements of Court of Claims Act 11 (b).
Score: 613 August 24, 2016 2016-041-068 : WEARING v. THE STATE OF NEW YORK, # 2016-041-068, Claim No. 126505, 126461, Motion No. M-88898 M-88898
Dental malpractice claims served nearly three years after accrual are untimely and are dismissed where neither unverified notice of intention to file claim nor improperly served verified notice of intention to file claim extended claimant's time to serve and file claims.
Score: 704 August 24, 2016 2016-032-505 : BRUST v. THE STATE OF NEW YORK and the NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, # 2016-032-505, Claim No. 124011 
Following a bifurcated trial, the Court found defendants liable for injuries claimant sustained when he collided with a rope that employees had placed across a trail, intending to close it off to skiers, without providing any notice or warning of such closure.
Score: 475 August 22, 2016 2016-041-067 : LAPIERRE v. THE STATE OF NEW YORK, # 2016-041-067, Claim No. 123678, Motion No. M-88907 M-88907
Claimant's motion for an injunction and/or protective order or statement from the court is denied as beyond the subject matter jurisdiction of the Court of Claims.
Score: 299 August 17, 2016 2016-041-064 : BOGGS v. THE STATE OF NEW YORK, # 2016-041-064, Claim No. 121945, Motion No. M-88909 M-88909
Claimant's motion for appointment of counsel and for grant of poor person status is denied.
Score: 347 August 17, 2016 2016-016-046 : BANKS v. THE STATE OF NEW YORK, # 2016-016-046, Claim No. 113588, Motion No. M-88673 M-88673
Score: 498 August 16, 2016 2016-041-062 : BROWN v. THE STATE OF NEW YORK, # 2016-041-062, Claim No. 122362, Motion No. M-88612 M-88612
Defendant's motion for protective order in wrongful confinement claim with respect to claimant's request for depositions of hearing officer in underlying disciplinary proceeding and of attorney for defendant in underlying article 78 proceeding is granted where the proposed depositions would cause unreasonable annoyance and do not appear designed to disclose information relevant and material to the claim.
Score: 347 August 16, 2016 2016-018-728 : WOODWARD v. STATE OF NEW YORK, # 2016-018-728, Claim No. 126897, Motion Nos. M-88461, M-88786 M-88461, M-88786
M-88461-Claimant brought a motion to compel discovery responses and for sanctions. Defendant has supplied the discovery and the Court finds that the Defendant's conduct was not wilful or warrants sanctions. This motion is denied. M-88786-Claimant has failed to establish his cause of action as a matter of law and his motion for summary judgment must be denied.
Score: 420 August 15, 2016 2016-018-730 : KRUPA v. STATE OF NEW YORK, # 2016-018-730, Claim No. 127262, Motion No. M-88598 M-88598
Claimant's motion is denied. No Order is necessary as Claimant will be provided with the opportunity to appear and present his case to the Court by video conferencing at the time of trial.
Score: 555 August 12, 2016 2016-045-024 : LAMAR v. THE STATE OF NEW YORK, # 2016-045-024, Claim No. 123606, Motion No. M-88403 M-88403
Defendant's motion to dismiss pro se claim due to failure to properly serve claim. Also failure to serve bailment claim within time requirements of CCA 10 (9).
Score: 537 August 12, 2016 2016-045-023 : CASTON v. THE STATE OF NEW YORK, # 2016-045-023, Claim No. 126493, Motion No. M-88402 M-88402
Defendant's motion to dismiss pro se claim due to failure to serve claim. Also notice of intention served by regular mail.
Score: 713 August 12, 2016 2016-053-532 : HARTSFIELD v. THE STATE OF NEW YORK, # 2016-053-532, Claim No. 121592, Motion No. M-88560, Cross-Motion No. CM-88569 M-88560
Motion for permission to late file a claim for medical malpractice denied as jurisdictionally defective. Even if timely filed, motion would be denied as claimant failed to attach any medical records or provide expert medical proof.
Score: 626 August 11, 2016 2016-045-022 : FRASER v. THE STATE OF NEW YORK, # 2016-045-022, Claim No. None, Motion No. M-88091 M-88091
Motion to file a late claim, medical malpractice claim.
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: 570 August 10, 2016 2016-041-060 : H'SHAKA v. THE STATE OF NEW YORK, # 2016-041-060, Claim No. 127076, Motion No. M-88682, Cross-Motion No. CM-88734 M-88682
Application to file late claim is denied as court lacks authority to grant late claim relief with respect to inmate property claim; defendant's cross-motion to dismiss claimant's previously filed and served inmate property claim is denied where service of claim by certified mail, return receipt requested, within 120 days of claimant's actual receipt of notice of administrative denial is sufficient to obtain jurisdiction over defendant pursuant to Court of Claims Act 10 (9).
Score: 687 August 10, 2016 2016-041-061 : RUCANO v. THE STATE OF NEW YORK, # 2016-041-061, Claim No. NONE, Motion No. M-88699 M-88699
Application to file late claim is granted in part and denied in part as allegations provide cause to believe a valid cause of action for wrongful confinement may exist.
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: 776 August 9, 2016 2016-040-056 : VAN ZANDT v. STATE OF NEW YORK, # 2016-040-056, Claim No. 124012 
Court finds Claimant failed to establish by a preponderance of the credible evidence that DOCCS failed to properly calculate his sentence and that he was unlawfully imprisoned because the Court imposed a period of PRS which was in excess of the period allowed by statute.
Score: 449 August 8, 2016 2016-009-025 : MHINA v. THE STATE OF NEW YORK, # 2016-009-025, Claim No. 125952, Motion No. M-88357 M-88357
Claimant's second motion for summary judgment on this unjust conviction claim was denied based upon claimant's failure to establish, by clear and convincing evidence, that he did not commit any of the acts charged in the accusatory instrument and that he did not cause or bring about his conviction.
Score: 347 August 8, 2016 2016-016-044 : BOWMAN v. THE STATE OF NEW YORK, # 2016-016-044, Claim No. 125032, Motion No. M-88364 M-88364
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: 347 August 4, 2016 2016-016-043 : NEW YORK CENTRAL LINES v. THE STATE OF NEW YORK, # 2016-016-043, Claim No. 102648 
Score: 299 August 4, 2016 2016-016-042 : LACERRA v. THE STATE OF NEW YORK and NEW YORK STATE THRUWAY AUTHORITY, # 2016-016-042, Claim No. 123815, Motion No. M-88510 M-88510
Score: 637 August 2, 2016 2016-040-054 : DUFFY v. THE STATE OF NEW YORK, # 2016-040-054, Claim No. 127042, Motion No. M-87817, Cross-Motion No. CM-88215 M-87817
State's pre-Answer motion to dismiss Claim against State relating to death of SUNY student pledging for a fraternity granted in part and denied in part. Claimant's cross-motion to compel Defendant to comply with FOIL request and to amend Claim denied.
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: 518 July 29, 2016 2016-016-041 : TAYLOR v. STATE OF NEW YORK, # 2016-016-041, Claim No. 126548, Motion No. M-87900, Cross-Motion No. CM-88026 M-87900
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: 299 July 28, 2016 2016-038-549 : JOHNSON v. THE STATE OF NEW YORK, # 2016-038-549, Claim No. 118328, Motion No. M-88413 M-88413
Defendant's motion for summary judgment/dismissal granted as to all arguments made against the claim, and denied with respect to those allegations in the claim that are unaddressed by defendant's motion.
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: 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: 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: 420 July 27, 2016 2016-038-546 : EDWARDS v. THE STATE OF NEW YORK, # 2016-038-546, Claim No. 123656, Motion No. M-88265 M-88265
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: 659 July 25, 2016 2016-009-024 : McAVANEY v. THE STATE OF NEW YORK, # 2016-009-024, Claim No. 115499, Motion No. M-86475 M-86475
Defendant's motion for an order compelling claimant to provide certain mental health records was granted, despite claimant's objections that they were sensitive, private, and irrelevant to her claim for damages.
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: 299 July 20, 2016 2016-018-729 : PEREZ v. STATE OF NEW YORK, # 2016-018-729, Claim No. 126179, Motion No. M-88581 M-88581
Claimant has failed to establish that any demand for disclosure was ever served upon the defendant prior to this motion or that the defendant failed to comply. Claimant's motion is denied.
Score: 678 July 20, 2016 2016-018-727 : MATTHEWS v. STATE OF NEW YORK, # 2016-018-727, Claim No. 126660, Motion No. M-88477 M-88477
Claimant's application to reargue is denied. Claimant's application to file a late claim is denied as Claimant has failed to show that his proposed claim has even the appearance of merit.
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: 537 July 19, 2016 2016-045-010 : NAZZARO v. THE STATE OF NEW YORK, # 2016-045-010, Claim No. 124117, Motion No. M-88280 M-88280
Claimant's motion to extend time to file expert reports in an appropriation claim pursuant to Court Rule 22 NYCRR 206.21 (h) (2).
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: 388 July 18, 2016 2016-050-044 : CASCONE v. THE STATE OF NEW YORK, # 2016-050-044, Claim No. 125329, Motion Nos. M-87947, CM-88338 M-87947, CM-88338
Claimant's motion for summary judgment is denied for failure to comport with the requirements of CPLR 2214. Defendant's cross-motion to dismiss is granted. The claim does not meet the specificity required by the Court of Claims Act 11(b), and further, the claim is time-barred.
Score: 600 July 18, 2016 2016-045-020 : BELLMORE AVE. v. THE STATE OF NEW YORK, # 2016-045-020, Claim No. 121388, Motion No. M-87797 M-87797
Defendant's motion to dismiss appropriation claim due to failure to comply with 11 (b).
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.