New York State Court of Claims Duty to Protect Notice of Risk Mingo v. State of New York 109858 Judge Minarik Background: The claimant alleged that the defendant had failed to protect him from an assault by other inmates while ...

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New York State Court of Claims Immunity from Money Judgments Failure to Follow Regulations Wigfall v. State 112296 Judge Minarik Background: The claimant alleged that he had been illegally confined at the Auburn Correctional Facility for seven days in keeplock ...

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New York State Court of Claims Collateral Estoppel Constructive Notice — ‘Res Ipsa Loquitur’ Perez v. State 112317 Judge Weinstein Background: The claimant brought an action for medical malpractice and negligence after she came to the office of Downstate Internal ...

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New York State Court of Claims Attorney’s Fees Eminent Domain Berg Investors LLC v. State of New York 111092 Judge Minarik Background: The claimant’s counsel moved to recover expenses and fees associated with the prosecution of his client’s claim against ...

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New York State Court of Claims Notice of Intention Sufficiency — Timeliness Lopez v. State of New York 119442 Judge Weinstein Background: The claimant alleged that he suffered from mental distress when an inmate threw a substance at him that ...

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New York State Court of Claims Negligent Bailment Presumption Jackson v. State of New York 109208 Judge DeBow Background: The claimant, an inmate at a state correctional facility, filed a claim for negligent bailment. The claimant had packed his property ...

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New York State Court of Claims Duty to Protect Inmates Notice of Risk Sutherland v. State 112923 Judge Minarik Background: The claimant alleged that the officers at the Auburn Correctional Facility failed to adequately supervise the television area of the recreation ...

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New York State Court of Claims Jurisdiction Service — First-Class Mail Duncan v. State of New York 119541 Judge Bruening Background: The claimant sought damages for injuries he sustained while detained at the Central New York Psychiatric Center when a ...

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New York State Court of Claims Medical Treatment Disabled Inmate Carlson v. State of New York 113748 Judge Hudson Background: The claimant, a former inmate, has brought an action to recover damages for a number of incidents that arose during ...

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New York State Court of Claims Duty of Care Special Relationship Romero v. State of New York 115349 Judge McCarthy Background: The claimant alleged that the defendant was negligent in failing to properly supervise the state police and that the ...

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New York State Court of Claims Bailment Lost Property — Market Value Jackson v. State of New York 2011-038-106 Judge DeBow Background: The claimant was incarcerated in a state correctional facility and filed a claim in negligent bailment and sought ...

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New York State Court of Claims Court of Claims Act Pleading Requirements — Unjust Conviction Albright v. State of New York 116624 Judge Marin Background: The defendant moved to dismiss the claimant’s claims for unjust conviction and imprisonment. The defendant ...

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