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You are here: Home1 / Negligence2 / DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED...
Negligence

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE (CT APP).

The Court of Appeals, reversing the appellate division, over a dissent, determined defendant’s motion for summary judgment in this slip and fall case should not have been granted. Plaintiff tripped over a cord tied to a barrel in a parking lot. The majority offered no factual explanation for the reversal. Lau v Margaret E. Pescatore Parking, Inc., 2017 NY Slip Op 08170, CtApp 11-21-17

 

NEGLIGENCE (SLIP AND FALL, DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE (CT APP))/SLIP AND FALL (DEFENDANT’S MOTION FOR SUMMARY JUDGMENT SHOULD NOT HAVE BEEN GRANTED IN THIS SLIP AND FALL CASE (CT APP))

November 21, 2017
Tags: Court of Appeals
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THE CRITERIA FOR A COURT-OF-APPEALS REVIEW OF AN APPELLATE DIVISION’S WEIGHT-OF-THE-EVIDENCE ANALYSIS IS EXPLAINED; HERE DEFENDANT’S MANSLAUGHTER CONVICTION, BASED ENTIRELY ON CIRCUMSTANTIAL EVIDENCE, WAS PROPERLY REVIEWED BY THE APPELLATE DIVISION, WHICH AFFIRMED THE CONVICTION (CT APP).
TEXT EXCHANGES WITH AND PHOTOGRAPHS OF THE RAPE AND SEXUAL-ABUSE VICTIM DELETED BY DEFENDANT FROM HIS CELL PHONE AND SUBSEQUENTLY RECOVERED DO NOT CONSTITUTE “NEWLY DISCOVERED” EVIDENCE WHICH WILL SUPPORT A MOTION TO VACATE THE CONVICTION (CT APP). ​
GEORGIA BURGLARY STATUTE WAS EQUIVALENT TO A NEW YORK VIOLENT FELONY DESPITE THE ABSENCE OF AN EXPLICIT INTENT ELEMENT BECAUSE THE LESSER INCLUDED OFFENSE OF CRIMINAL TRESPASS INCLUDED A KNOWINGLY ELEMENT (CT APP).
NO EVIDENCE JURY COULD SEE ORANGE CORRECTIONS DEPARTMENT PANTS WORN BY DEFENDANT ON THE FIRST DAY OF TRIAL, DEFENDANT NOT DENIED A FAIR TRIAL.
AFTER THE DEATH OF THE COOPERATIVE OWNER, THE BOARD REFUSED TO TREAT PETITIONER AS DECEDENT’S “SPOUSE” WHICH WOULD AUTHORIZE AN AUTOMATIC TRANSFER OF DECEDENT’S LEASE AND SHARES; THE MAJORITY, OVER TWO DISSENTING OPINIONS, DETERMINED THE BOARD’S REFUSAL TO TREAT PETITIONER, WHO WAS NOT MARRIED TO DECEDENT, AS A “SPOUSE” DID NOT CONSTITUTE DISCRIMINATION BASED ON “MARITAL STATUS” (CT APP).

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GEORGIA BURGLARY STATUTE WAS EQUIVALENT TO A NEW YORK VIOLENT FELONY DESPITE... WHOLLY ARBITRARY DECISION BY COOPERATIVE BOARD TO RESCIND PLAINTIFF’S...
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