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Kim Sue Brown v. State of New York
Date: 05-21-2026
Case Number: CF 24-02025
Judge: J. David Simpson
Court: New York Court of Claims
Plaintiff's Attorney: Terry Connors
Defendant's Attorney: Breezly J. Kiernan
Description:
Albany, New York, personal injury lawyer represented the Plaintiff seeking to recover damages for having been repeated raped while incarcerated.
Reported by Kent Morlan
Kim Sue Brown sued the State of New York seeking damages under the Asult Survivors Act seeking damages for alleged rape
and sexual assault inflicted upon her while she was incarcerated at
Albion Correctional Facility between 1995 and 2008. The verified
claim was filed on November 21, 2023, and served on the Office of the
Attorney General (OAG) on November 27, 2023. The Court of Claims
granted the motion of defendant, State of New York (State), to dismiss
the claim for lack of jurisdiction on the ground that the State was
not timely served with the claim, and denied claimant’s cross-motion
for leave pursuant to Court of Claims Act § 10 (6) to file a late
claim. Claimant now appeals from an order denying claimant’s motion
for leave to renew and reargue the State’s motion and claimant’s
cross-motion.
Reported by Kent Morlan
Kim Sue Brown sued the State of New York seeking damages under the Asult Survivors Act seeking damages for alleged rape
and sexual assault inflicted upon her while she was incarcerated at
Albion Correctional Facility between 1995 and 2008. The verified
claim was filed on November 21, 2023, and served on the Office of the
Attorney General (OAG) on November 27, 2023. The Court of Claims
granted the motion of defendant, State of New York (State), to dismiss
the claim for lack of jurisdiction on the ground that the State was
not timely served with the claim, and denied claimant’s cross-motion
for leave pursuant to Court of Claims Act § 10 (6) to file a late
claim. Claimant now appeals from an order denying claimant’s motion
for leave to renew and reargue the State’s motion and claimant’s
cross-motion.
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Kim Sue Brown v. State of New York?
The outcome was: Affirmed
Which court heard Kim Sue Brown v. State of New York?
This case was heard in New York Court of Claims, NY. The presiding judge was J. David Simpson.
Who were the attorneys in Kim Sue Brown v. State of New York?
Plaintiff's attorney: Terry Connors. Defendant's attorney: Breezly J. Kiernan.
When was Kim Sue Brown v. State of New York decided?
This case was decided on May 21, 2026.