Case law

Smith v. State

191 Misc. 2d 553 · New York Court of Claims · Apr 24, 2002

The photo taken in August 1979 clearly depicts that a post and its angle bracket have separated from the box beam rail and are angled downward (exhibit 51). Mr. … In claims based upon negligent design, the state is entitled to qualified immunity for claims arising out of its highway planning decisions, unless its study was plainly inadequate or lacked a reasonable basis (see, Weiss

A A v. State

43 Misc. 2d 1004 · New York Court of Claims · Sep 2, 1964

The record clearly shows his difficulties at home which led to his commitment to Bellevue Hospital and thence to Rockland State Hospital. … Leedy, a well-qualified psychiatrist, and Dr. Gruen, an exceptionally well-qualified psychologist. Both Dr. Leedy and Dr. Gruen disagreed with Dr. Chlenoff’s diagnosis of schizophrenia prior to October 20. Dr.

Ryan v. State

13 Misc. 2d 282 · New York Court of Claims · Jul 8, 1958

administrator with limited letters of administration of the estate of the deceased herein having been duly appointed as such by order of the Surrogate of the County of Clinton, New York on September 11, 1957 and having duly qualified … Clearly, the deceased had no right to go upon the property and into the water for the purpose for which she did, for the property and the Barge Canal terminal facilities located thereon were not intended for any such use.

Pawloski v. State

45 Misc. 2d 933 · New York Court of Claims · Mar 30, 1965

refusal of the G-rand Jury to indict, they established a prima facie case of false arrest and imprisonment. … It is an important principle of our political institutions that every person is entitled to immunity from arrest except by authority and for cause.

O'Neil v. State

66 Misc. 2d 936 · New York Court of Claims · Jun 25, 1971

Where the wrong is not “ an honest error of professional judgment made by qualified and competent persons” (St. George v. State of New York, 283 App. Div. 245, 248 , affd. 308 N. … In order to establish whether the State’s negligence was the proximate cause of death, the court is not required to exclude every other possibility of death (Cole v.

Meehan v. State

95 Misc. 2d 678 · New York Court of Claims · Jul 17, 1978

The material facts relative to the issue of negligence are that in May, 1971 the Department of Transportation sent a memorandum to all regional directors entitled "Minimum Requirements for Salt Storage”, which indicated clearly … Possibly some individuals may possess a peculiar immunity against the effects of a particular chemical poison or irritant; possibly other individuals possess a peculiar susceptibility.

Siegel v. State

138 Misc. 474 · New York Court of Claims · Dec 8, 1930

But it is clearly established that even though no part of claimant’s farm was actually touched by 'the Barge canal construction, the lowering of Fish creek, into which Wood creek emptied, *478 caused the waters to flow much … Under these circumstances the State cannot claim immunity for the damages to plaintiff’s property that have been established by the evidence. (Fulton Light, Heat & Power Co. v. State, 200 N.

Feliciano v. State

175 Misc. 2d 671 · New York Court of Claims · Oct 14, 1997

This section and parallel provisions of the Public Health Law (§§ 2805-/, 2805-m) implement the public policy that a climate free from the threat of litigation be established in order to improve future quality of care. … Of these documents, only the 14-page investigative report may qualify as a Mental Hygiene Law § 29.29 incident report.

Fowler Electric Co. v. State

144 Misc. 2d 110 · New York Court of Claims · Jun 20, 1989

No payment to the contractor shall limit or qualify any defense, claim or counterclaim otherwise available to the public body relating to the contract involved.” … in section 145, and it is extremely doubtful that any contractor would attribute such a meaning to the inclusion in the standard provision of the 40-day claim language. * * * "In conforming its standard provision to the clearly

Richards-Dowdle, Inc. v. State

52 Misc. 2d 416 · New York Court of Claims · Aug 18, 1966

The notice of appropriation was general, the sign was not excepted, and no counterclaim was interposed by the State to recover and to offset any salvage value thereof. *421 It was clearly established as a fact which the State … An appropriation of land unless qualified when made, is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures. (Jackson v. State of New York, 213 N.

Tully & Di Napoli, Inc. v. State

51 Misc. 2d 11 · New York Court of Claims · Jul 29, 1966

This type of agreement is loaded with assurances and almost guarantees by the contractor that not only will he be fair to the subcontractor on the established subcontract agreement, but will pursue on his behalf the claim … A reading of the order made in the Ottaviano case clearly indicates that it was not a denial of the State’s motion but it was qualified by the facts above mentioned.

Van Etten v. State

103 Misc. 2d 487 · New York Court of Claims · Mar 5, 1980

Such duty in this State has arisen by specific legislative enactment and since in derogation of the common law and the State’s sovereign immunity, it should be strictly construed and extended only to the extent required. … Such is clearly a proper and legal means for imposing and allocating maintenance responsibilities and liabilities. (See, e.g., Rooney v City of Long Beach, 42 AD2d 34, 37-39 .)

Sanders v. State

191 Misc. 248 · New York Court of Claims · Dec 31, 1947

Moreover, in view of the trend of decisions, the thought occurs that our jurisprudence may yet spread the ever widening waiver of governmental immunity from tort liability to the point where the State will be held to answer … Y. 420, 422-423 [1924]), the answer is clearly “ no ”.

Milano v. State

44 Misc. 2d 290 · New York Court of Claims · Oct 20, 1964

Woodberry (8 N Y 2d 165) a case clearly distinguishable from this one, there is no question but that the confession must be excluded as a hearsay record not binding on the defendant as an admission against interest. … Having given careful consideration to the afore-mentioned hospital entries and the testimony elicited from claimant’s highly qualified and credible medical witness, the court finds that on the evidence presented, viewed in

Tyson v. State

182 Misc. 2d 707 · New York Court of Claims · Aug 4, 1999

Finally, the Governor acknowledged as much in his Approval Memorandum of December 21, 1984: “The bill establishes detailed requirements for the filing of a claim” (1984 McKinney’s Session Laws of NY, at 3669 [emphasis supplied … It is abundantly clear that the Legislature, in drafting and enacting this statute, specifically added a series of qualifying provisions before one could commence an action against the State for unjust conviction and subsequent

Ski-View, Inc. v. State

129 Misc. 2d 106 · New York Court of Claims · Jul 12, 1985

Notwithstanding the apparently gracious note from the director at Belleayre, later communications from the State and claimant’s subsequent presentation of formal legal opinion from private counsel unequivocally establish … Although claimant was unable to persuade the court that these licenses were for a definite term, thus qualifying under the limited grounds upon which the courts of this State have permitted recovery for damages for revocation

Shore Bridge Corp. v. State

186 Misc. 1005 · New York Court of Claims · Mar 20, 1946

And it contends that any acts or circumstances which resulted in consuming the entire period of the contract for its performance are not unreasonable and are clearly contemplated by the contract, and that no recovery can … The rental value for this period of one month was established by claimant’s witnesses at $2,000, and the State has not disputed it.

Hewitt v. State

33 Misc. 2d 868 · New York Court of Claims · Jun 26, 1961

State’s comparable No. 1 was made pursuant to and at a price established by an option in February of 1955 and its location was likewise east and farther removed from the two previously named comparables. … The Power Authority’s experts qualified that classification by questioning whether the time was ripe for its development at the time of the appropriation.

Joyner-Pack v. State

45 Misc. 3d 734 · New York Court of Claims · Jul 9, 2014

Moreover, his ‘qualifying medical costs’ will be provided for via the MIF. … Although the affidavit does not clearly identify the source of the funds, it would appear— since the home is being purchased by the trust—that the money came out of that trust.

Starks v. State of New York

2024 NY Slip Op 51501(U) · New York Court of Claims · Oct 8, 2024

LAW AND ANALYSIS The State's Waiver of Immunity Under Section 8 of The Court of Claims Act The State's waiver of immunity under Section 8 of the Court of Claims Act is conditioned upon a movant's compliance with specific … DECISION AND ORDER Applying these legal principles to the case at bar, the State has sufficiently established that the Claim must be dismissed.