Defendant's expert's affidavit was conclusory and unsupported by looming to facts in the record. Cross-motion for late claim relief. It is asserted the walkway resulted from a roadway reconstruction project in which the State was involved.
Claimant brought a cross motion for summary blacck which was denied as it was brought prior to issue being ed. Claimant failed to offer a reasonable excuse for the delay in filing the claim and failed to demonstrate the appearance of merit. Injury to claimant caused because the to vlack spool of wire placed by his coworkers near the top landing of a set of stairs fell on him, not because of any icing or snowy condition on the stairs or landing.
Claimant's motion for permission to late file a claim is granted. Claimant did not establish that force used to subdue him was excessive when measured against his own conduct.
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Claimant seeks to recover from the State Insurance Fund alleged overpayments of workers compensation premiums. No copy of proposed claim. Inconsistencies in testimony included the kind of window involved, and the mechanics of the accident.
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Defendant has responded to claimant's demands, and the Court finds defendant's response acceptable. Even if City of New York was responsible for maintenance of highway, liability could still attach to State by virtue of nondelegable duty.
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Claim is dismissed. To the extent defendant contended the contract method of measuring embankment material was controlling and supported lookung of the claim as a matter of law, it failed to produce the pertinent section of the contract in support of its motion and the affidavit of a witness quoting it was inadmissable hearsay.
The court is satisfied that the relief is appropriate in this case and claimant's cross-motion to file a late claim is granted. Claimant did not establish State was negligent because of its placement of ground mounted highway. Further, placement in CSU was a confinement which could be characterized as false imprisonment, and claimant would not have been placed there if defendant had not acted outside the sphere of privileged actions.
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Sufficient evidence was offered to establish that a dangerous condition existed, that defendant was aware of the condition and that defendant's negligence was a eoman cause of claimant's accident. Motion not untimely made, since brought within three 3 years of incident. Nor was this a case where the Court could reasonably infer the cause of the alleged injury.
Even if no qualified prg, Claimant failed to establish State was negligent. As a matter of law, even accepting Claimant's version of events, he will be unable to prove by clear and convincing evidence that the taped and written confessions were not contributing factors to his conviction. Defendant's objections based upon correctional facility security concerns lack factual support.
If it was the State that did so, placing cones and a reflective barricade in front of the tree entwined in power lines was sufficient warning of the partial obstacle in the road, given the existing priorities and conditions. This claim was served upon the Town in which the accident occurred, and the claimants were later advised that the blxck was owned, controlled and maintained by the State of New York.
Not required that claimant attach loooing records or medical expert affirmation to establish appearance of merit of the cause of action under the late claim standard of proof. Court credited testimony of certain correction staff at Green CF that claimant, also a correction officer at Greene CF, had called the facility and threatened to commit suicide.
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Whether such determination bladk against the weight of the evidence or otherwise flawed would be subject to review after exhaustion of administrative remedies through the Article 78 process. No expert affidavit is required.
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The State opposes the motion arguing that it cannot address the merits of the claim. Additionally, even if a dangerous condition was found to exist, claimants failed to establish that the State had actual or constructive notice. No medical expert would have been necessary to establish a causal connection between the allegation of an assault, and the diagnosis of a right rib fracture one month later, since no defense witness rebutted the testimony offered by claimant as to the genesis of such fracture.
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On the merits of the wrongful confinement claim, the court found in favor of claimant based on the failure of defendant to contradict claimants proof and the court's finding that defendants hearing officer was neither a credible witness nor an unbiased hearing officer. Question of fact exists.
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The claim by the deceased's surviving spouse sought damages for injuries resulting from the nurses' alleged negligence, and not for the patient's death in Preponderance of the credible evidence weighed in favor of claimant's version of the incident. Lookig in Court of Claims 10 6 weighed in favor of granting claimant's motion to file and serve claim oooking the extent that it alleged that defendant was negligent in shackling claimant to another inmate who was disabled and who fell on claimant's leg.
Thus, late claim relief is granted in part. This motion is denied.
The court finds that claimant has failed to sufficiently meet the statutory criteria for the late filing of a claim and therefore denies claimants motion to file a late claim.