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STATUTE ALLOWING PROPERTY OWNERS TO CHOOSE SCHOOL DISTRICTS DOES NOT APPLY TO CONDOMINIUMS WHICH LIE ON THE BORDER BETWEEN TWO DISTRICTS.

The Second Department, affirming Supreme Court’s grant of a motion to set aside plaintiffs’ verdict, determined the statute which allows a property owner to select a school district when the boundary between school districts passes through the owner’s property does not apply to condominiums. The case turned on the interpretation of the statute, which referred only to boundaries passing through single family residences:

… [T]he plain language of Education Law § 3203(1)(b) and its legislative history demonstrate that the statute is applicable only where property is improved by one single family dwelling unit, and not multiple single family dwelling units, and where the school district boundary line intersects property that the dwelling unit is located on. The Supreme Court properly determined that the subject 28-unit condominium complex is not “an owner-occupied single family dwelling unit” located on property intersected by a boundary line within the meaning of Education Law § 3203(1)(b). Therefore, the court properly granted those branches of the school defendants’ motion which were to set aside the jury verdict in favor of the plaintiffs … . Palm v Tuckahoe Union Free School Dist., 2016 NY Slip Op 05558. 2nd Dept 7-20-16

EDUCATION-SCHOOL LAW (STATUTE ALLOWING PROPERTY OWNERS TO CHOOSE SCHOOL DISTRICTS DOES NOT APPLY TO CONDOMINIUMS WHICH LIE ON THE BORDER BETWEEN TWO DISTRICTS)/SCHOOL DISTRICTS (STATUTE ALLOWING PROPERTY OWNERS TO CHOOSE SCHOOL DISTRICTS DOES NOT APPLY TO CONDOMINIUMS WHICH LIE ON THE BORDER BETWEEN TWO DISTRICTS)

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THE ALLEGED INTENTIONAL ACT OF THROWING A HAND TRUCK AT A BUS INJURING PLAINTIFF-PASSENGER DID NOT SUPPORT NEGLIGENCE OR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS CAUSES OF ACTION, BUT DID SUPPORT AN INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS CAUSE OF ACTION (SECOND DEPT).
DEFENDANT’S MOTION TO VACATE ITS DEFAULT BECAUSE IT WAS NEVER SERVED WITH THE SUMMONS AND COMPLAINT SHOULD HAVE BEEN GRANTED; THE ADDRESS ON FILE WITH THE SECRETARY OF STATE WAS INCORRECT (SECOND DEPT).
FAMILY COURT DID NOT ARTICULATE ITS REASONS FOR DETERMINING CHILD SUPPORT BASED ON PARENTAL INCOME IN EXCESS OF THE STATUTORY CAP; THE ORIGINAL SUPPORT LEVEL BASED ON THE STATUTORY CAP REINSTATED (SECOND DEPT).
BOTH PLAINTIFF PASSENGER AND DEFENDANT DRIVER HAD CONSUMED ALCOHOL BEFORE THE ACCIDENT, QUESTION OF FACT WHETHER PLAINTIFF PASSENGER WAS COMPARATIVELY NEGLIGENT, SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).
AFFIDAVITS IDENTIFYING THE CAUSE OF PLAINTIFF’S FALL, SUBMITTED IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, SHOULD NOT HAVE BEEN REJECTED ON CREDIBILITY GROUNDS; IN THE CONTEXT OF SUMMARY JUDGMENT, THE COURT’S FUNCTION DOES NOT INCLUDE THE ASSESSMENT OF CREDIBILITY.
DEVISE OF REAL PROPERTY HAD NOT ADEEMED, DESPITE DEED PURPORTING TO TRANSFER PROPERTY PRIOR TO DEATH.
THE STOP OF THE TAXI IN WHICH DEFENDANT WAS A PASSENGER WAS NOT SUPPORTED BY PROBABLE CAUSE TO BELIEVE DEFENDANT HAD COMMITTED A CRIME; BECAUSE DEFENDANT PLED GUILTY TO ALL OFFENSES BASED UPON A PROMISE OF CONCURRENT SENTENCES, ALL CONVICTIONS REVERSED (SECOND DEPT).

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