The Third Department applied a balancing test to determine whether petitioner’s Freedom of Information Law (FOIL) request for the names and addresses of employees should be granted. The petitioner, a union employee, wished to communicate with the employees to ensure that nonunion contractors comply with the prevailing wage law (Labor Law 220). The court affirmed […]
The Third Department affirmed the dismissal of a complaint brought by a doctor against the hospital where he was employed and the doctor who supervised him. The plaintiff was hired pursuant to an agreement which included an “at will” clause allowing termination without cause upon 60 days notice. Plaintiff was terminated upon 90 days notice. […]
In a full-fledged opinion by Justice Spain, the Third Department determined that a bond resolution for the upgrading of school district buildings did not violate the school district’s constitutional and statutory debt limit and the petitioner did not have standing to challenge the school district’s State Environmental Quality Review Act (SEQRA) finding that the upgrading […]
The First Department explained the criteria for cost-to-complete damages for a subcontractor’s breach before completion of performance. The court noted that plaintiff was not entitled to overpayment damages in addition to the cost-to-complete damages because receipt of both would amount to a double recovery: Defendants are entitled to cost-to-complete damages because plaintiff materially breached and […]
In affirming the Supreme Court’s allowing a summons and complaint to be amended to include a misnamed party [Enigma Management] which shared the same address and counsel and provided the same services as the named defendant, the Third Department wrote: The showing required by plaintiffs in support of their motion pursuant to CPLR 305 (c) […]
In a full-fledged opinion by Justice Dickerson, the Second Department affirmed Supreme Court’s approach to the determination of real property tax assessments for a private, not-for-profit golf course. The country club challenged the tax assessment imposed by the respondents (the board of assessors, et al). After a trial, Supreme Court adopted the assessment method used […]
In reversing Supreme Court, the Second Department determined that the failure to serve a notice of claim upon the school district (in a tort action) required dismissal and the criteria for a taxpayer suit against the district under General Municipal Law 51 had not been met: Pursuant to Education Law § 3813, a plaintiff commencing […]
In reversing Supreme Court, the Second Department determined summary judgment should not have been granted to the defendants on the Labor Law 241(6) and 200(1) causes of action. Plaintiff was injured when he prevented himself from falling because of a missing plank on a scaffold. The court noted that the plaintiff’s failure to identify the […]
In a full-fledged opinion by Justice Hall, the Second Department determined that a police car is a “motor vehicle” within the meaning of an uninsured/underinsured motorist endorsement in a [State Farm] policy held by the driver. The plaintiff, a police officer, was injured in an automobile accident with an underinsured driver. The question was whether […]
In reversing Family Court, the Second Department determined there was not a sound and substantial basis for granting the mother’s request to return to South Africa with the couple’s child. The court explained the analytical criteria for relocation: A parent seeking to relocate with a child bears the burden of establishing by a preponderance of […]
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