The Third Department determined, as a matter of law, that defendant’s failure to notify the insurance carrier of a personal injury lawsuit for nearly five months justified the carrier’s denial of coverage. The court noted that defendant’s belief the lawsuit was fraudulent was not a “good-faith belief of nonliability;” “Where a policy of liability insurance […]
The Third Department determined that the Commissioner of Labor was immune from a lawsuit stemming from her orders to seize and destroy fireworks. At the time of the seizure and destruction, the Commissioner believed the fireworks were “explosives” within the meaning of Labor Law 451 and that the storage of the fireworks violated Labor Law […]
In a full-fledged opinion by Justice Saxe, the First Department determined that father, who had been ordered to pay the attorney’s fees for the attorney appointed to represented the children, had standing to raise the defense of legal malpractice: …[A] parent may assert legal malpractice as an affirmative defense to the fee claim of an […]
The Third Department annulled certain charges against the petitioner because the hearsay evidence was inadequate: Hearsay in the form of confidential information may provide substantial evidence to support a determination of guilt when it is sufficiently detailed and probative to permit the Hearing Officer to make an independent assessment of its credibility and reliability … […]
In a full-fledged opinion by Justice Garry, the Third Department affirmed defendant’s conviction for strangulation in the second degree (as well as assault in the third degree). The victim of domestic abuse alleged the defendant choked her with one hand and shoved a piece of pizza in her face with the other. The court explained […]
In a full-fledged opinion by Justice Stein, the Third Department affirmed defendant’s conviction for violating New York’s Unlawful Surveillance statute (Penal Law 250.45). This “first impression” case involved the defendant’s recording of his sexual activities with two women without the women’s knowledge or consent. The statute was found to apply to the video recording of […]
The Third Department assumed, without deciding, that the plaintiffs, three New York residents and electricity ratepayers, had standing to bring an action challenging the Regional Greenhouse Gas Initiative (RGGI) which implemented a carbon-dioxide-emission cap and trade program for New York power plants. The challenged RGGI regulations had been promulgated by the Department of Environmental Conservation (DEC) […]
The Third Department determined the hearsay evidence used to justify the revocation of petitioner’s credential as a Credentialed Alcoholism and Substance Abuse Counselor (CASAC) was insufficient: Substantial evidence has long been defined as “such relevant proof as a reasonable mind may accept as adequate to support a conclusion or ultimate fact”… . In this regard, […]
The Second Department determined plaintiff had raised a question of fact about whether the “continuous representation” doctrine tolled the statute of limitations. The complaint alleged that the defendant engineering and architectural firms failed to provide design and construction services which complied with the disability-accessibility design requirements. The causes of action sounded in professional malpractice and […]
The Second Department determined the factors relied upon by the resentencing court were not sufficient to overcome the presumption in favor of resentencing under Criminal Procedure Law 440.46: The Supreme Court improvidently exercised its discretion in denying the defendant’s motion to be resentenced pursuant to CPL 440.46. Although resentencing is not mandatory, there is a […]
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