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PETITIONER, IN THIS JUDICIARY LAW 509 PROCEEDING, CAN NOT COMPEL THE COMMISSIONER OF JURORS TO REVEAL THE RESPONDENT’S ADDRESS AND DATES OF JURY SERVICE IN ORDER TO IMPEACH RESPONDENT’S TESTIMONY THAT HE RESIDED IN PETITIONER’S BUILDING IN 2008 AND 2009 AND WAS THEREFORE ENTITLED TO LOFT LAW PROTECTION UNDER THE MULTIPLE DWELLING LAW (FIRST DEPT).

The First Department, over a dissent, determined the petitioner in this Judiciary Law 509 (a) proceeding was not entitled to compel the Commissioner of Jurors to disclose respondent’s (Swezey’s) home and mailing address, as well as the dates of Swezey’s jury service. Petitioner was seeking to disprove Swezey’s testimony that he resided in a building owned by petitioner in 2008 and 2009 and was therefore entitled to Loft Law protection under the Multiple Dwelling Law:

Judiciary Law § 509(a) requires that juror “questionnaires and records shall be considered confidential and shall not be disclosed except to the county jury board or as permitted by the appellate division.” The purpose of the statute is to “provide a cloak of confidentiality for the information which the [juror] questionnaires contain” and to shield all information from disclosure in order to protect a juror’s privacy interest and/or safety (Matter of Newsday, Inc. v Sise , 71 NY2d 146, 152 [1987] … ). This blanket rule bars an individual from seeking any juror records unless the individual “present[s] some factual predicate which would make it reasonably likely that the records would provide relevant evidence” (People v Guzman , 60 NY2d 403, 415 [1983] …).

Here, petitioner failed to provide the necessary factual predicate to obtain these confidential records. Petitioner’s sole reason for requesting Swezey’s juror records is to impeach his testimony … . However, disclosure for the purpose of impairing someone’s credibility has been expressly rejected by the Court of Appeals in People v Guzman.  Matter of A. Trenkmann Estate, Inc. v Tingling, 2019 NY Slip Op 03923, First Dept 5-21-19

 

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QUESTION OF FACT WHETHER PLAINTIFF-DECEDENT’S INJURY WAS CAUSED BY A TIPPING LADDER, FACTUAL ASSERTIONS IN A MEMO OF LAW OPPOSING PLAINTIFF-DECEDENT’S MOTION FOR SUMMARY JUDGMENT ON THE LABOR LAW 240 (1) CAUSE OF ACTION PRESERVED ISSUES FOR APPEAL, PLAINTIFF-DECEDENT’S STATEMENT TO HIS WIFE IN THE EMERGENCY ROOM PROPERLY CONSIDERED AS A DECLARATION AGAINST INTEREST (FIRST DEPT).
PLAINTIFF DID NOT CITE A VIOLATION OF ANY INDUSTRIAL CODE PROVISION IN THE COMPLAINT OR BILL OF PARTICULARS, WHICH WOULD ENTITLE DEFENDANT TO SUMMARY JUDGMENT ON THE LABOR LAW 241(6) CAUSE OF ACTION; HOWEVER PLAINTIFF SHOULD HAVE BEEN ALLOWED TO AMEND THE BILL OF PARTICULARS TO ADD A CODE VIOLATION (FIRST DEPT).
PLAINTIFF WAS UNABLE TO RAISE A QUESTION OF FACT WHETHER THE RAMP FROM WHICH HE FELL WAS NEGLIGENTLY DESIGNED OR MAINTAINED, NO APPLICABLE BUILDING OR SAFETY CODES (FIRST DEPT).
THE ACCIDENT WAS NOT THE TYPE OF GRAVITY-RELATED INCIDENT COVERED BY LABOR LAW 240 (1); BUT THERE WAS A QUESTION OF FACT WHETHER THE GENERAL CONTRACTOR WAS LIABLE PURSUANT TO LABOR LAW 200 (FIRST DEPT).
PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT IN THIS COMPLEX BREACH OF CONTRACT ACTION INVOLVING THE SALE OF A BUSINESS AND A RELATED LEASE WAS PROPERLY GRANTED; THE TERMS OF THE CONTRACTS WERE UNAMBIGUOUS AND NEITHER THE DOCTRINE OF PREVENTION NOR THE DOCTRINE OF FRUSTRATION OF PURPOSE APPLIED (FIRST DEPT).
PETITIONER DID NOT HAVE THE STATUTORILY REQUIRED CLOSE RELATIONSHIP WITH THE RESPONDENT IN THIS FAMILY OFFENSE PROCEEDING; FAMILY COURT DID NOT HAVE SUBJECT MATTER JURISDICTION (FIRST DEPT).

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