The Second Department, reversing Supreme Court, noted that there was no time limit for bringing a motion to renew: Contrary to the court’s determination, “[e]xcept where a motion to renew is based upon a change in the law, which is not the case here, CPLR 2221 does not impose a time limit for making a […]
The Second Department, reversing Supreme Court, determined the issuance of a permanent injunction was error because the injury can be adequately compensated by money damages: “‘A permanent injunction is a drastic remedy which may be granted only where the plaintiff demonstrates that it will suffer irreparable harm absent the injunction’” … To establish prima facie […]
The Second Department, reversing Supreme Court, determined an alleged incapacitated person (AIP) must be given the opportunity to be present during guardianship proceedings: The petitioner commenced this proceeding pursuant to Mental Hygiene Law article 81 to appoint a guardian of the person and property of her adult daughter Nima B. R., an alleged incapacitated person […]
The Second Department, reversing Supreme Court, determined plaintiff electrical subcontractor, Mikoma Tech, did not prove it was licensed to perform electrical work in New York City. Therefore plaintiff could not sue for breach of contract or under a quantum meruit theory and could not foreclose on mechanic’s liens: … [T]he complaint … failed to allege […]
The Second Department, reversing (modifying) Supreme Court, determined the battery cause of action in this Civil Rights Law (18 USC 1983) case should not have been dismissed. The lawsuit stemmed from the police allegedly pushing plaintiff to the ground, striking her, handcuffing her and tasing her. The 18 USC 1983 cause of action was properly […]
The Second Department, reversing Supreme Court, determined the motion for leave to discontinue the action without prejudice should have been granted: The plaintiff and the defendants own abutting real properties located in Brooklyn. In 2019, the plaintiff commenced this action against the defendants, inter alia, for injunctive relief, alleging that the defendants, among other things, […]
The Second Department, reversing Supreme Court, determined the representation that the insured property was a two-family dwelling when, in fact, it was a three-family dwelling, was a material misrepresentation and was a proper basis for denying coverage for fire damage: “‘[T]o establish its right to rescind an insurance policy, an insurer must demonstrate that the […]
The Second Department, reversing (modifying) Supreme Court, determined the complaint stated a cause of action for tortious interference with prospective contractual relations. Plaintiff was allegedly “blackballed” by his former employer, Con Edison, when he sought employment with other companies after he was fired by Con Edison, allegedly for complaining about illegal dumping of waste: Contrary […]
The Court of Appeals, in full-fledged opinion by Judge Garcia, determined there was a question of fact whether the online reporting of a road defect constituted “written notice” of the defect such that the municipality may be liable for plaintiff’s motorcycle accident. The Court noted that the plaintiff also raised a question of fact whether […]
The Court of Appeals, in a full-fledged opinion by Judge Wilson, determined NYC was required to pay city employees, retirees and dependents the full cost, up to the statutory cap, of any health insurance plan the city offers: At issue on this appeal are the portions of Administrative Code of the City of New York […]
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