In a full-fledged opinion by Judge Smith, over a dissent, the Court of Appeals determined that two police officers, as well as the victim, were properly allowed to testify about the victim’s identification of the defendant shortly after the crime, extending the rule announced by the Court of Appeals in People v Huertas (75 NY2d […]
The Court of Appeals, with two concurring judges, determined that the causes of action alleging the faulty construction of sewers resulting in settling of the roadways within the plaintiff villages and towns was time-barred. The plaintiff villages and towns were third-party beneficiaries to the sewer-construction contracts entered into by the counties encompassing the plaintiff villages […]
The Court of Appeals, in a full-fledged opinion by Judge Rivera, reversed the Appellate Division and determined the plaintiff had not failed to comply with the statutory (statute of frauds) requirement of a writing in support of its breach of contract claim. The defendant, as an absentee bidder at a public auction held by the […]
The Third Department determined that a slip and fall in an employee parking area can be compensable under Workers’ Compensation. The Board’s finding that the injury was compensable in this case was affirmed: As a general rule, “accidents that occur in public areas away from the workplace and outside of work hours are not compensable” […]
The Third Department noted that an application for a full Board review must be considered by a panel of at least three members of the Workers’ Compensation Board: Applications for Board review are to be considered by a panel of at least three members and may not be decided by the chair, or any other […]
The Third Department determined Surrogate’s Court had properly exercised its cy pres power by distributing decedents’ charitable gifts to a hospital (Ellis Hospital) which had taken over the duties of the named hospital (St. Clare’s Hospital): The relevant gifts were all undisputedly charitable in nature and, for cy pres relief, it was further necessary that […]
The Third Department determined the claim that a resort was closed in the winter did not relieve the property owner from the duty to maintain the walkways during the winter months. Plaintiff slipped and fell on a snow-covered walkway. Condominiums at the resort were accessible year-round: …[I]t is well settled that “a landowner has a […]
The Third Department determined there was a question of fact whether a contractor hired to clear snow and ice created a dangerous condition by not using salt designed for low temperatures: While a snow removal contractor is generally not liable to injured persons who were not parties to the contract …, plaintiffs argue the recognized […]
The Third Department explained the “unjust enrichment” issues raised when a party holds two mortgages on the same property, forecloses on the junior mortgage, purchases the property at the foreclosure sale, and then sues on the senior mortgage: Where, as here, a holder of two mortgages forecloses on the junior mortgage and purchases the property, […]
The Third Department determined that plaintiff was not required to provide an itemized list of labor and materials to substantiate its claim under the Lien Law (mechanic’s lien). The lienor need only supply an itemized list when itemization is necessary to apprise the owner of the details of the lienor’s claim. Here there was a […]
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