The Third Department determined that an EMT employed by the town made a discretionary judgment that plaintiff’s decedent did not need life support during transport to the hospital. Plaintiff’s decedent’s condition worsened during the trip and he died a week later. Because the EMT’s judgment was discretionary, the town could not be held liable: The […]
In affirming the Tax Appeals Tribunal’s determination that petitioner was domiciled in New York when she sold shares of stock resulting in $2 million in capital gains, the Third Department explained the relevant principles: …[A]n individual is a resident of this state for income tax purposes when that individual is domiciled in New York (see […]
In affirming the dismissal of a complaint against a hospital for false imprisonment based on involuntary confinement pursuant to the Mental Hygiene Law, the Third Department explained the relevant analysis. Plaintiff had made death threats against family members: Pursuant to the Mental Hygiene Law, an individual may be temporarily confined on an involuntary basis where […]
The First Department determined defendant’s claim that ladders were available was not sufficient to defeat summary judgment in favor of plaintiff who fell while standing on milk crates to work: Plaintiff alleged that prior to performing his work he unsuccessfully looked for a ladder to use and was directed by the acting foreman to use […]
Over a dissent, the Second Department determined plaintiff’s failure to replace a manhole cover was the sole proximate cause of his injury: As to Labor Law § 240(1), which imposes a non-delegable duty upon owners and general contractors to provide safety devices to protect workers from elevation-related risks, liability would attach where a violation of […]
The Third Department affirmed County Court’s upward adjustment of defendant’s sex offender status from a presumptive level I to a level III. Defendant had pled guilty to a course of sexual conduct with a young girl entrusted to his care spanning five years: “An upward departure from a presumptive risk classification is justified when an […]
The Third Department determined that defense counsel’s statement that the defendant “most likely” would not be deported based on his guilty plea to a misdemeanor did not constitute ineffective assistance. Defendant had subsequently been detained by immigration officials for deportation: …[D]efendant was required to establish both ‘that counsel’s performance was deficient’ and ‘that the deficient […]
In affirming the grant of summary judgment on a breach of contract cause of action regarding the purchase of furniture accepted by the defendant, the Third Department explained the relevant law under the UCC: Because the transaction predominantly involved the sale of goods, the parties’ rights and remedies are governed by UCC article 2 … […]
The Third Department determined plaintiff had not pled a tort cause of action independent of the breach of contract cause of action and therefore was not entitled to punitive damages. The plaintiff had alleged defendant insurance company engaged in bad faith by failing to promptly investigate his no-fault claim and failing to renew his insurance […]
The Third Department determined that defendant waived a contractual provision requiring arbitration by participating in the judicial process: …[W]hile defendant asserted the contractual arbitration provision as an affirmative defense in its answer, it did not move to stay the action and compel arbitration (see CPLR 7503 [a]). Instead, it aggressively participated in the discovery process […]
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