Case law

Serafini Construction Co. v. State

35 Misc. 2d 83 · New York Court of Claims · Jun 26, 1962

The claimant therefore is entitled to recover such damages as it properly established. On the undisputed testimony the claimant is entitled to recover the sum of $13,172. … There is no provision in the contract for any such reasonable time, although the contract clearly contemplates some lapse of time between the acceptance of the work and the completion of the final estimate. (D’Angelo v.

Besen v. State

17 Misc. 2d 119 · New York Court of Claims · Apr 14, 1959

The courts *131 have held that the property owner’s ownership, regardless of his knowledge, qualifies him to testify. … Ownership alone does not qualify one who has no knowledge of value or who is not familiar with the location, quality or value of his real estate. (32 C. J.

Karczmit v. State

155 Misc. 2d 486 · New York Court of Claims · Aug 27, 1992

Pugh to be an exceptionally qualified and credible witness. The court accepts his testimony and finds that, at an impact speed of 15 to 17 miles per hour, Mrs. … Clearly, the Federal standard does not require the application of the Spier rule relative to the mitigation approach to the seat belt defense but permits the comparative fault approach or any other approach that acts to reduce

Schwartz v. State

162 Misc. 2d 313 · New York Court of Claims · Aug 26, 1994

FACTUAL BACKGROUND In 1983, Arthur Schwartz, an inmate in the State prison system, was diagnosed as suffering from AIDS (Acquired Immune Deficiency Syndrome). … There was no "compelling public necessity” as that term is defined in the statute, and, despite the clearly stated objections of Mrs.

McDowell v. State of New York

2026 NY Slip Op 50247(U) · New York Court of Claims · Jan 2, 2026

McDowell rejects the defendant's argument that he has not established his innocence. (NYSCEF Doc No. 94 at 28-26.) … McDowell succumbed to the pressure and accepted the [*17]plea"; "he was coerced to take a guilty plea back in 2011 under conditions that were clearly not voluntary"].)

Mashinsky v. State of New York

2024 NY Slip Op 50670(U) · New York Court of Claims · May 15, 2024

Application of the Doctrine of Qualified Immunity It is well-settled that the State of New York has the absolute duty to maintain its roadways in a reasonably safe condition ( Friedman v State of New York , 67 NY2d 271, 283 … Applying the doctrine of qualified immunity, the State may be held liable when it is evident that its study of a traffic condition is "plainly inadequate or there is no reasonable basis for its traffic plan" ( Friedman v

Organek v. State

151 Misc. 2d 78 · New York Court of Claims · May 22, 1991

Your client did not qualify for a noise barrier under the criterion used, which are based on Federal Highway Administration guidelines.” … In my opinion, this was another effort to establish a foundation under claimants’ meritless efforts to establish a de facto appropriation; and, I so find.

Friedman v. State

54 Misc. 2d 448 · New York Court of Claims · Aug 18, 1967

On January 1, 1965, the State Department of Labor established rules for the operation of chair lifts under code rule 32. … An additional attendant at the end opposite the power end shall be provided if the length of the tramway exceeds 800 feet or if the attendant at the power end is unable to observe each passenger clearly at all times during

Tippetts-Abbett-McCarthy-Stratton v. State

27 Misc. 2d 506 · New York Court of Claims · Dec 14, 1960

The phrase hereinabove quoted, Part II (d) is not qualified by any requirement of approval by the Department of Public Works. … Claimant was clearly entitled to use what it reasonably believed to be the prices it found to be currently used in construction work in the area when it made up this estimate.

Horton v. State

50 Misc. 2d 1017 · New York Court of Claims · Jun 29, 1966

Each case clearly depends upon its own peculiar state of facts. (Liubowsky v. State of New York, 260 App. Div. 416 , affd. 285 N. Y. 701 ; Sutherland v. State of New York, 189 Misc. 953 .) … There are several cases which allow the expert testimony by one qualified in the field of domestic service agencies and hold it is competent *1023 evidence of damages for the wrongful death of a housewife. (Weiss v.

Otis v. State

176 Misc. 389 · New York Court of Claims · Apr 22, 1941

True, the Court of Claims is a creature of statute, but the consent of the State to be sued having once been given, relief is established pursuant to common-law principles. … It was work formerly *399 done by the ship’s crew but owing to exigencies of increasing commerce and demand for rapidity and special skill it has become a specialized service evolving upon a class as clearly identified with

Gamache v. State

27 Misc. 3d 989 · New York Court of Claims · Mar 26, 2010

See, however, the concurring opinion of Chief Judge Lippman in a later decision, Dinardo v City of New York ( 13 NY3d 872, 876-877 [2009]), criticizing the McLean decision because “the broad immunity recognized for discretionary … “The Walker Boxing Law, as amended through the years, clearly establishes a direct relationship between the Athletic Commission and the boxers it licenses, from the time a match is proposed through the fight and its aftermath

Stevens v. State of New York

2024 NY Slip Op 51774(U) · New York Court of Claims · Nov 12, 2024

AD3d 1166 [3d Dept 2018] [State did not have actual or constructive notice of a potential danger]; Gagliardi v State of New York , 148 AD3d 868 [2d Dept 2017] [State had no notice of dangerous condition and was entitled to qualified … immunity for its highway planning decision]).

Pryles v. State

86 Misc. 205 · New York Court of Claims · May 14, 1975

The committee was looking for a qualified doctor to serve jointly as director of pediatrics at the hospital and as professor of pediatrics at the school. … Plimpton states he "would be delighted to consider” claimant for another appointment at the school if claimant re-established with another hospital.

Burke v. State

64 Misc. 558 · New York Court of Claims · Sep 15, 1909

Ticket offices were established at each end. Tickets were sold by employees of the State, and the amount of the fare charged was collected by them. … IV,- § 2: “ The citizens of each state shall be entitled to. all the privileges and immunities of citizens in the several states-;” the section of the United States Revised Statutes, and cases that “ non-resident creditors

Marshall v. State of New York

2025 NY Slip Op 51390(U) · New York Court of Claims · May 2, 2025

Thus, in the context of a Court of Claims § 8-b claim, a claimant must demonstrate his actual innocence by evidence that clearly and convincingly proves such — with no question of fact remaining ( id . … Unless some exceptional circumstance applies here, claimant's argument would appear to require a fine parsing of Supreme Court's ruling — arising under one provision for purpose of qualifying for section 8-b relief, but under

Alexander J. v. State of New York

2024 NY Slip Op 50835(U) · New York Court of Claims · Jun 12, 2024

Williams, the State argues that it was clearly not acting in loco parentis and cannot be liable for those acts, which allegations should be severed and dismissed. … Applying these principles to the matter at bar, the State has not sufficiently established an entitlement to a summary judgment dismissal of the Claim.

Alexander J. v. State of New York

2024 NY Slip Op 50835(U) · New York Court of Claims · Jun 12, 2024

Williams, the State argues that it was clearly not acting in loco parentis and cannot be liable for those acts, which allegations should be severed and dismissed. … Applying these principles to the matter at bar, the State has not sufficiently established an entitlement to a summary judgment dismissal of the Claim.

Baba-Ali v. State

24 Misc. 3d 576 · New York Court of Claims · Mar 16, 2009

(See Bacigalupo v Healthshield, Inc., 231 AD2d 538, 539 [2d Dept 1996] [plaintiff must “establish any diminution in earning capacity result(ed) from his injury”].) … Given the Commission’s clearly expressed intent of what a section 8-b damages award may be comprised, the court finds no place for a formulaic approach to its consideration of damages as defendant urges.

Hough v. State

68 Misc. 26 · New York Court of Claims · May 15, 1910

Kirby stated to the claimant in substance the point they desired to establish, and said he had a copy of some of the testimony of the gas company’s expert, Mr. … The rule applicable to written instruments is very clearly set forth in Thomas v. Scutt, 127 N.