In a full-fledged opinion by Judge Smith, the Court of Appeals determined that plaintiffs, the building owners, could not recover damages related to the condition of the property upon the termination of the lease. The property was used as a homeless shelter. The City of New York entered into a Services Agreement with The Salvation […]
In an estate proceeding, the Court of Appeals determined the doctrine of laches did not apply and the German Museum was entitled to the return of the Assyrian gold tablet, which was in decedent’s estate but had been missing from the museum since World War II: We agree with the Appellate Division that the Estate […]
The Third Department determined plaintiff had stated causes of action sounding in negligence and a violation of Labor Law 241(6). Plaintiff was driving a truck hauling asphalt to a county roadway paving operation (which had been contracted out to a private company–Graymont) when the truck’s brakes failed. Plaintiff was seriously injured when, after avoiding public […]
In a full-fledged opinion by Judge Graffeo, the Court of Appeals, over a dissent, declined to apply the harmless error rule to a guilty plea. In this driving-while-intoxicated case, the defendant moved to suppress an open bottle of rum and a crack pipe which were found in the car he was driving during an inventory […]
In a full-fledged opinion by Judge Abdus-Salaam, the Court of Appeals determined that, with respect to New York’s sentence enhancement statutes, “the controlling date of sentence for the defendant’s prior conviction is the original date of sentence for that conviction… [not] the date of a later resentencing which rectifies the flawed imposition of post-release supervision […]
The First Department determined Supreme Court should not have decided, as a matter of law, a Spanish document was a judgment enforceable in New York. Only differing expert affidavits were provided and the operative statutes were not translated and submitted to the court. In addition, the court noted that the plaintiff’s submission of papers after […]
The First Department determined that the NYC Department of Buildings (DOB) imposed too harsh a penalty when it revoked petitioner’s master plumbing license after finding she violated the NYC Building Code: …[W]e find that the penalty of revocation was excessive upon considering the following factors: the license is petitioner’s sole means of livelihood; this was […]
The Second Department determined a village Local Law which prohibited the removal of groundwater for use outside the village was preempted by state law (Transportation Corporations law, Environmental Conservation Law (ECL)): As relevant to this case, the Transportation Corporations Law permits water-works corporations to extend their service area to neighboring municipalities by entering “into a […]
The Second Department upheld Surrogate’s Court’s ruling that it did not have jurisdiction to award attorney’s fees for the attorney’s (Klein’s) handling of Mental Hygiene Law article 81 proceeding to have decedent’s legatee (Theodore) declared an incapacitated person: “The Surrogate’s Court, as a court of limited jurisdiction, may exercise only the powers conferred upon it […]
The Second Department determined the four-month statute of limitations for Article 78 review was never triggered because the NYC Housing Authority’s (NYCHA’s) failed to provide proper notice of termination of Section 8 housing benefits. Therefore the termination was properly annulled and the subsidy was properly reinstated: Pursuant to paragraph 22(f) of the Williams first partial […]
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