The Fourth Department determined the evidence before the grand jury did not demonstrate defendant had acted with “depraved indifference to human life” (Reckless Endangerment, First Degree). The defendant, who was HIV positive, had unprotected sex with the victim without disclosing his HIV status: …[W]e conclude that the evidence before the grand jury, viewed in the […]
The Fourth Department reversed County Court, finding that defendant’s CPL 440 motion seeking vacation of the conviction should have been granted. The People failed to disclose that a prosecution witness was a paid informant: We note at the outset that the following quote from People v Fuentes (12 NY3d 259, 263, rearg denied 13 NY3d […]
The Fourth Department wrote: Defendant … appeals from an adjudication that revoked his probation and sentenced him to three terms of incarceration of 1… to 4 years, two of which were ordered to run consecutively to each other. Defendant’s sentence thus aggregates to a term of incarceration of 2… to 8 years, and we agree […]
The Fourth Department determined the county, by passing legislation, could remove a tax exemption for a municipal water and sewage treatment facility: …[W]e agree with the court that the County Board’s adoption of the 2011 resolution phasing out all tax exemptions for municipal water and sewage treatment facilities constituted a “legislative change” within the meaning […]
The Fourth Department determined plaintiff was entitled to summary judgment against a third-party defendant under the doctrine of collateral estoppel. Plaintiff was injured in a snowmobile collision. Plaintiff sued one snowmobile driver and the other snowmobile driver was brought into the case as a third-party defendant. The jury found each driver 50% liable: …[W]e agree […]
The Fourth Department determined the relation-back doctrine allowed plaintiff to amend the complaint. The court noted that the addition of “piercing the corporate veil” allegations in the amended complaint was “of no moment” because no new cause of action was stated thereby: In order for the relation back doctrine to apply, a plaintiff must establish […]
In a full-fledged opinion by Judge Rivera, the Court of Appeals determined that the zoning law in effect at the time the applicant’s (Rocky Point’s) site plan application was decided, as opposed to the zoning law in effect when the application was first submitted, controlled. The criteria for the “special facts” exception to the general […]
The Third Department affirmed the determination that claimant’s stroke was not work-related: Inasmuch as it is undisputed that claimant’s stroke occurred while he was at work, he was entitled to the statutory presumption that his stroke arose out of and in the course of his employment (see Workers’ Compensation Law § 21… ). The employer, […]
The Fourth Department reinstated a claim for contribution by the owner of a parking lot (Piedmont) against the contractor (Bach) hired to raze structures and fill in all holes. Plaintiff was injured when his foot fell through a hole into a hidden vault below: We conclude that Bach met its initial burden on its motion […]
The Court of Appeals determined that a third-party purchaser of mortgages in the secondary mortgage market could not “rely on pre-closing documents to establish that a proper conveyance and recording of the underlying property occurred or that title insurance for the property was issued.” DLJ Mortgage Capital, Inc v Kontogiannis…, 253 SSM 29, CtApp 11-14-13 […]
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