New York State Court of Claims

New York State Court of Claims

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Score: 626 July 30, 2014 2014-018-530 : TROJAK v. STATE OF NEW YORK, # 2014-018-530, Claim No. 123951, Motion No. M-84291, Cross-Motion No. CM-95011 M-84291
Defendant's pre-answer motion to dismiss is denied; Claimant's cross motion for permission to file a late claim is denied as moot.
Score: 704 July 29, 2014 2014-040-041 : GRECO v. STATE OF NEW YORK, # 2014-040-041, Claim No. 117377 
Claim dismissed - failure to prosecute.
Score: 388 July 28, 2014 2014-048-150 : MALLOY v. THE STATE OF NEW YORK, # 2014-048-150, Claim No. 108930, Motion No. M-85291 M-85291
Score: 713 July 21, 2014 2014-040-039 : WATERS v. THE STATE OF NEW YORK, # 2014-040-039, Claim No. 123461, Motion No. M-84632, Cross-Motion No. CM-85155 M-84632
State's cross-motion to dismiss as claim untimely served is granted. Claimant's motion for summary judgment denied as moot.
Score: 555 July 21, 2014 2014-038-531 : BELL v. THE STATE OF NEW YORK, # 2014-038-531, Claim No. 118260, Motion No. M-85187 M-85187
Claimant's motion for sanctions for defendant's failure to produce documents ordered by the Court is denied. Defendant produced appropriately redacted documents in response to the motion, and has demonstrated that its failure to comply with the Court order in a timely manner was not intentional.
Score: 585 July 21, 2014 2014-048-536 : ALLEN v. THE STATE OF NEW YORK, # 2014-048-536, Claim No. 119930 
Claim for personal injuries sustained in a trip and fall dismissed after trial on liability because the State had no duty to maintain the drainage swale, where Claimant fell, located in grassy area beyond a paved parking area on State Route 28 and, even if it did, the swale was not a dangerous condition that was the proximate cause of Claimant's injuries.
Score: 678 July 18, 2014 2014-041-042 : MOSES v. THE STATE OF NEW YORK, # 2014-041-042, Claim No. NONE, Motion No. M-85022 M-85022
Application to file late claim is granted as allegations provide cause to believe a valid wrongful confinement cause of action may exist and the defendant has not been substantially prejudiced by delay in prosecuting the claim.
Score: 347 July 16, 2014 2014-010-043 : JAMES v. THE STATE OF NEW YORK, # 2014-010-043, Claim No. 123856, Motion No. M-85142 M-85142
Claimant's motion for a default judgment denied, defendant filed its answer.
Score: 659 July 15, 2014 2014-018-525 : BICKHAM v. STATE OF NEW YORK, # 2014-018-525, Claim No. 116038, 116114, Motion Nos. M-84974, M-85180, M-85181 M-84974, M-85180, M-85181
Claims dismissed pursuant to Court of Claims Act sections 10 and 11.
Score: 757 July 15, 2014 2014-018-524 : GOCHNOUR v. STATE OF NEW YORK, # 2014-018-524, Claim No. 123855, Motion Nos. M-84695, M-85204 M-84695, M-85204
Claimant's late claim motion (M-84695) is denied. Defendant's motion (M-85204) is granted, the claim is dismissed pursuant to sections 10 and 11 of the Court of Claims Act.
Score: 498 July 15, 2014 2014-040-037 : FINCHER v. THE STATE OF NEW YORK, # 2014-040-037, Claim No. 123620, Motion No. M-84807 M-84807
Claimant's motion to compel a response to the notice to produce granted in part and denied in part.
Score: 475 July 11, 2014 2014-040-036 : ROCKENSTIRE v. THE STATE OF NEW YORK, # 2014-040-036, Claim No. 120258, Motion No. M-84797 M-84797
Claimant motorcyclist's motion seeking summary judgment as to liability regarding improper maintenance of roadway granted.
Score: 299 July 11, 2014 2014-028-524 : GRAZIOSI v. THE STATE OF NEW YORK, # 2014-028-524, Claim No. 123837, Motion No. M-84750 M-84750
Claim dismissed because it did not meet the pleading requirements of section 11(b) of the Court of Claims Act.
Score: 420 July 11, 2014 2014-028-523 : BACKMAN v. THE STATE OF NEW YORK, # 2014-028-523, Claim No. 123925, Motion No. M-84820 M-84820
Score: 704 July 11, 2014 2014-028-517 : LEWIS v. THE STATE OF NEW YORK, # 2014-028-517, Claim No. 123159, Motion No. M-84252 M-84252
Claimant's motion for leave to file a late claim was denied as Claimant failed to assert a reasonable excuse for failing to timely file a claim and the allegations are of questionable merit. After trial, Claimant's medical malpractice claim was dismissed where Claimant neglected to offer expert medical evidence in support of his claim.
Score: 449 July 11, 2014 2014-028-516 : GRESSLER v. THE STATE OF NEW YORK, # 2014-028-516, Claim No. 124165, Motion No. M-85071 M-85071
Inmate Claimant whose application for reduction of a filing fee is denied cannot make use of the provisions of CPLR 1101(f)(2), which allows for payment of a reduced filing fee in installments.
Score: 420 July 11, 2014 2014-040-035 : RAMNARAIN v. THE STATE OF NEW YORK, # 2014-040-035, Claim No. 115738 
Claim dismissed for failure to prosecute due to Claimant's failure to appear at trial.
Score: 420 July 10, 2014 2014-040-034 : LOPEZ v. STATE OF NEW YORK, # 2014-040-034, Claim No. 123923, Motion No. M-85168 M-85168
Score: 475 July 8, 2014 2014-018-522 : McRAE v. STATE OF NEW YORK, # 2014-018-522, Claim No. 123943, Motion No. M-85067 M-85067
Claimant's motion to amend claim is denied. See Uniform Rules for the Court of Claims [22 NYCRR] 206.7 [b]).
Score: 236 July 8, 2014 2014-018-523 : AVILES v. STATE OF NEW YORK, # 2014-018-523, Claim No. 120106, Motion No. M-84972 M-84972
Claimant has failed to meet his burden to show his entitlement to judgment as a matter of law and his motion must be denied.
Score: 420 July 7, 2014 2014-009-025 : GARDNER v. THE STATE OF NEW YORK, # 2014-009-025, Claim No. 119681, Motion No. M-83743 M-83743
Defendant's motion seeking to dismiss the claim based upon claimant's failure to establish a
Score: 449 July 7, 2014 2014-018-521 : GARCIA v. STATE OF NEW YORK, # 2014-018-521, Claim No. 122086, Motion No. M-84937 M-84937
Claimant's leave to amend complaint is denied as it relates only to the extent of damages which may be presented at trial.
Score: 585 July 3, 2014 2014-041-041 : CRENSHAW v. THE STATE OF NEW YORK, # 2014-041-041, Claim No. 122840, Motion No. M-84997 M-84997
Claimant's motion for an order appointing a dental expert pursuant to CPLR 3036 (2) in dental malpractice claim is denied.
Score: 648 July 2, 2014 2014-009-022 : HARRISON v. THE STATE OF NEW YORK, # 2014-009-022, Claim No. NONE, Motion No. M-84595 M-84595
Claimant's application seeking permission to serve and file a late claim was granted with respect to causes of action for false arrest and imprisonment and malicious prosecution, but was denied for causes of action based upon allegations of defamation and negligence.
Score: 555 July 2, 2014 2014-009-021 : DEWITT v. THE STATE OF NEW YORK, # 2014-009-021, Claim No. 116259, Motion No. M-84590 M-84590
Claimant's motion seeking an extension of time in which to file a notice of appeal was denied.
Score: 299 July 2, 2014 2014-041-040 : WRIGHT v. THE STATE OF NEW YORK, # 2014-041-040, Claim No. 122204, Motion No. M-84677 M-84677
Claimant's motion for default and/or summary judgment on bailment claim is denied where defendant is not in default and claimant has made multiple summary judgment motions.
Score: 347 July 1, 2014 2014-009-026 : LA CLAIR v. THE STATE OF NEW YORK, # 2014-009-026, Claim No. 119735, Motion No. M-84463 M-84463
Defendant's motion to dismiss the claim based upon immunity and no special duty of care was denied.
Score: 388 July 1, 2014 2014-041-039 : WILSON v. THE STATE OF NEW YORK, # 2014-041-039, Claim No. 123578, Motion No. M-84834, Cross-Motion No. CM-84943 M-84834
Claimant's motion for summary judgment is denied where claimant fails to attach pleadings to motion papers; Defendant's cross-motion to dismiss is granted on ground that claim was served upon Attorney General by regular mail and service was insufficient to obtain jurisdiction over defendant.
Score: 659 July 1, 2014 2014-039-419 : HERALD v. STATE OF NEW YORK, # 2014-039-419, Claim No. 123618, Motion No. M-85132 M-85132
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over the matter because claimant failed to file and serve the claim within 90 days of accrual.
Score: 449 June 30, 2014 2014-028-515 : ROLLS v. THE STATE OF NEW YORK, # 2014-028-515, Claim No. 119923, Motion No. M-84473 M-84473
Claimant's motion for summary judgment is denied as there are questions of fact as to whether Defendant's negligence was the sole proximate cause of the accident and whether Claimant's alleged negligence contributed to the accident.
Score: 475 June 30, 2014 2014-045-500 : DANIELLO v. THE STATE OF NEW YORK, # 2014-045-500, Claim No. 116650 
Labor Law trial, 241(6) only, violation of 12 NYCRR 23-9.5(g), inaudible back-up alarm.
Score: 600 June 26, 2014 2014-041-038 : AMATO v. THE STATE OF NEW YORK, # 2014-041-038, Claim No. 122778, Motion No. M-84693, Cross-Motion No. CM-84846 M-84693
Claimant's motion for summary judgment in wrongful confinement action based upon disciplinary determination which was annulled in claimant's Article 78 proceeding is denied 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 for failure of notice of intention to adequately state claim as required by Court of Claims Act 11 (b) is denied.
Score: 537 June 26, 2014 2014-018-520 : KNIGHTON v. STATE OF NEW YORK, # 2014-018-520, Claim No. 119005 
Score: 570 June 26, 2014 2014-009-102 : SMILEY v. THE STATE OF NEW YORK, # 2014-009-102, Claim No. 116640 
The Court found the State 50% liable for injuries suffered by claimant in a slip and fall which occurred at University Hospital in Syracuse.
Score: 600 June 25, 2014 2014-040-031 : HOLLADA v. THE STATE OF NEW YORK, # 2014-040-031, Claim No. 119591, Motion No. M-84889 M-84889
Defendant's motion to dismiss claim as it was served by regular mail granted.
Score: 585 June 25, 2014 2014-040-030 : HOLLADA v. THE STATE OF NEW YORK, # 2014-040-030, Claim No. 119590, Motion No. M-84888 M-84888
Defendant's motion to dismiss claim as it was served by regular mail granted.
Score: 420 June 24, 2014 2014-040-028 : CABASSA v. THE STATE OF NEW YORK, # 2014-040-028, Claim No. 119018, Motion No. M-84844 M-84844
Claimant's motion to amend caption to reflect his proper name granted.
Score: 299 June 24, 2014 2014-010-034 : GREENBERG v. THE STATE OF NEW YORK, # 2014-010-034, Claim No. 120989 
State truck struck claimant's car in the rear after he pulled onto the roadway without looking in the rearview mirror. Claimant 60% liable and state 40% liable.
Score: 388 June 24, 2014 2014-040-029 : LaPIERRE v. THE STATE OF NEW YORK, # 2014-040-029, Claim No. 123678, Motion Nos. M-84856, M-84983 M-84856, M-84983
Claimant's motion for poor person status and assignment of counsel denied.
Score: 449 June 23, 2014 2014-028-004 : PHILLIPS v. THE STATE OF NEW YORK, # 2014-028-004, Claim No. 116150 
Score: 585 June 20, 2014 2014-041-037 : ROBINSON v. THE STATE OF NEW YORK, # 2014-041-037, Claim No. None, Motion No. M-84887 M-84887
Application to file late claim alleging, among other things, inadequate medical care is denied where claimant fails to offer adequate excuse for delay or show appearance of merit of proposed claim.
Score: 475 June 20, 2014 2014-048-148 : LEVOLA v. THE STATE OF NEW YORK, # 2014-048-148, Claim No. 117104, Motion No. M-84220, Cross-Motion No. CM-85034 M-84220
Score: 518 June 19, 2014 2014-040-027 : MENHENNETT v. THE STATE OF NEW YORK, # 2014-040-027, Claim No. 123585, Motion No. M-84704, Cross-Motion No. CM-84789 M-84704
State's motion to dismiss claim granted. Claimant's cross-motion to amend claim denied.
Score: 687 June 19, 2014 2014-009-100 : COLE v. THE STATE OF NEW YORK, # 2014-009-100, Claim No. 116651 
Claimant's claim seeking damages for personal injuries in a slip and fall case at SUNY Upstate was dismissed based upon the Court's finding, following trial, that defendant did not have a reasonable amount of time to clean up a liquid spill after receiving notice of the dangerous condition.
Score: 570 June 18, 2014 2014-045-017 : CRAMER v. STATE OF NEW YORK, # 2014-045-017, Claim No. 123603, Motion No. M-84481 M-84481
Defendant's motion to dismiss, claim implicates whistleblower statutes Labor Law 740 and Civil Service Law 75-b.
Score: 678 June 18, 2014 2014-039-417 : KHIGER v. STATE OF NEW YORK, # 2014-039-417, Claim No. 124110, Motion No. M-85024 M-85024
Defendant's motion to dismiss the claim is granted. The Court lacks jurisdiction over the matter because claimant failed to file and serve the claim within 90 days of accrual.
Score: 475 June 18, 2014 2014-015-584 : CHISHOLM v. THE STATE OF NEW YORK, # 2014-015-584, Claim No. 121677 
Interlocutory judgment on liability granted following trial. Defendant was negligent in failing to remove a broken chair from the transitional services room of Wallkill Correctional Facility.
Score: 498 June 17, 2014 2014-030-009 : JACKSON v. THE STATE OF NEW YORK, # 2014-030-009, Claim No. 103848 
Claimant's decedent, suffering end stage renal disease, died at defendant's hospital two weeks after a kidney transplant. Claimant failed to establish that any acts or omissions by those hospital personnel whose conduct had not been precluded from review by earlier rulings in State Supreme Court, namely, nursing personnel, were a proximate cause of her husband's death. Not enough to assert that a protocol was not followed or that there were delays or failures of coordination of care without some credible nexus between a failure to follow such procedure, and the injury.
Score: 722 June 16, 2014 2014-041-036 : SCRIBNER v. THE STATE OF NEW YORK, # 2014-041-036, Claim No. 120372, Motion No. M-83156, Cross-Motion No. CM-83273 M-83156
Defendant's motion for summary judgment dismissing claim is denied and claimant's cross-motion for summary judgment as to defendant's Labor Law 240 (1) liability is granted where claimant's decedent was injured when he fell several feet from roof edge of State Capitol to scaffolding platform. Work being performed by claimant's decedent presented two separate elevation-related risks and defendant's failure to provide any safety device to protect against fall from roof edge to scaffolding platform was a proximate cause of the accident.
Score: 648 June 13, 2014 2014-018-518 : SISINNI v. STATE OF NEW YORK, # 2014-018-518, Claim No. NONE, Motion No. M-84801 M-84801
Late claim motion granted.