In affirming the denial a petition for leave to file a late notice of claim, the Second Department explained the relevant criteria: Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the New York City Transit Authority (hereinafter the NYCTA) (see General Municipal […]
The Second Department determined the defendant’s (Argyros’s) motion for summary judgment in a slip and fall case should have been denied. Plaintiff tripped on a piece of wood that was anchored into the ground. Argyros owned the land and the piece of wood was in the town’s municipal right of way over the land. There […]
The Second Department determined plaintiff had stated a cause of action in negligence against a company with a contract to maintain an elevator. The elevator escape door and debris fell on plaintiff. The court explained that the existence of a contract did not rule out that the company owed a duty of care to the […]
The Second Department determined Surrogate’s Court correctly found that the conveyance of a one-third interest in property was for the decedent’s convenience and was not a gift. Therefore, the one-third interest was in the decedent’s estate: The petitioner presented evidence establishing that the decedent’s conveyance was for his convenience, and was designed to obtain a […]
The Second Department affirmed a law school’s rescission of admission of a student based upon the student’s responses to a question about criminal charges on the school’s admission form: When the petitioner endeavored to obtain an advance ruling on his eligibility for and the likelihood of his admission to the New York State bar in […]
The Second Department reversed Supreme Court’s annulment of a Zoning Board of Appeals (ZBA) determination that a variance should not be granted to a homeowner who, without a permit, constructed a swimming pool in violation of a rear-yard setback: In deciding whether to grant an application for an area variance, the Board “is required to […]
In a full-fledged opinion by Judge Abdus-Salaam, over a dissent, the Court of Appeals determined it was not an abuse of discretion to allow in evidence a 911 call, which could have been interpreted to have implicated defendant in an uncharged robbery, to explain the aggressive actions of the police when they stopped and seized […]
The Second Department reversed Supreme Court’s SORA determination because the court failed to follow the procedure required for an incarcerated defendant. The SORA determination was made at sentencing: In this case, the Supreme Court sentenced the defendant to a nine-month term of incarceration without any probation supervision. The court conducted the risk assessment hearing and […]
In a weapon-possession case, the Court of Appeals, over a dissent, reversed the appellate division and held the defendant should have been allowed to call an attorney to testify that a (separately tried and acquitted) co-defendant told the attorney the weapon at issue was hers. The court found the attorney’s testimony was admissible under the […]
The Court of Appeals determined that the defendant’s Pennsylvania conviction for third degree murder (when the defendant was 15) could not serve as the basis for a second felony offender sentence. In so finding, the court noted that the error did not need to be preserved for the Court of Appeals to reach it: As […]
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