The First Department determined plaintiff could not proceed with her discrimination action against an organization (ECEC) which had agreed to hire her because there had been a determination in another discrimination action that she was employed by the defendant (East Bronx Day Care) in that action. The court explained the doctrine of judicial estoppel: The […]
In a contract action, the Third Department noted that: (1) a limitation of liability clause in a contract can be raised by the defaulting party after a default in the inquest on damages; (2) the court can determine whether the defaulting party stated valid causes of action; and (3) allegations of deceptive practices aimed at […]
Supreme Court granted summary judgment to plaintiff health insurer on the ground that certain portions of Insurance Law section 4308 constituted an unconstitutional impairment of contract rights. The Third Department determined summary judgment should not have been granted (on grounds unrelated to a determination of constitutionality). In the course of the decision, the court explained […]
The Court of Appeals, in a full-fledged opinion by Judge Rivera, reversed the appellate division and determined a party who was not a signatory to an agreement which included an arbitration clause could not be compelled to arbitrate under the direct benefit estoppel doctrine. In explaining the doctrine, the court wrote: Under the direct benefits […]
In a full-fledged opinion by Judge Pigott (over a substantial partial dissent which dealt with defense counsel’s antagonistic behavior toward the judge and degrading comments about the defendant), the Court of Appeals determined the trial judge, who had represented the defendant in the past on an unrelated matter (about which the judge had no specific […]
The Court of Appeals affirmed the appellate division and found plaintiff had presented sufficient evidence of employment discrimination to survive a motion to dismiss: Defendants are of course correct that evidence only that the principal made stray discriminatory comments without any basis for inferring a connection to the termination would be insufficient to defeat defendants’ […]
In a full-fledged opinion by Judge Smith, over a partial dissent, the Court of Appeals answered two certified questions from the Second Circuit. The case involved damage to a building caused by the excavation of a parking garage next door. The question was whether the damage could fall within the meaning of “vandalism” in the […]
In a full-fledged opinion by Judge Lippman, with three dissenters, the Court of Appeals determined that his mother’s failure to file an income affidavit did not warrant the denial of her son’s [Murphy’s] application for succession to the Mitchell-Lama apartment vacated by his parents: In this case, DHCR [Division of Housing and Community Renewal] contests […]
Petitioner, former Chief Financial Officer of AIG, was the subject of a civil enforcement action against him brought in 2005 by then Attorney General Eliot Spitzer. Supreme Court granted petitioner’s Freedom of Information Law (FOIL) request for access to private emails of Spitzer. The Third Department determined that, given the nature of the documents requested, […]
A police officer was dismissed from the force just before his retirement pension vested. The dismissal was vacated by Supreme Court because of flaws in serving the officer with notice of the charges. The First Department affirmed and the Court of Appeals denied leave to appeal. The First Department noted that the stay of the […]
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