In a divorce action, the Second Department affirmed Supreme Court’s determination that the husband’s [Henn’s] contribution toward the purchase of a house constituted a constructive trust. The parties separated before Henn moved into the home. The wife’s [Tyree’s] parents [the Raffas] contributed some money and purchased the home for Henn and Tyree, both of whom […]
The Second Department determined a genetic marker test to determine appellant’s paternity was not in the best interest of the child and the mother was equitably estopped form asserting appellant’s paternity. The appellant had not been part of the 16-year-old child’s life since the child was 18 months old and the mother had failed to […]
In affirming Supreme Court’s denial of plaintiff’s motion to suspend child support, the Second Department explained the criteria for early suspension of the child support obligation: Generally, parents have a statutory duty to continually support their children until they reach 21 years of age (see Family Ct Act § 413[1][a]…). ” However, where the noncustodial […]
The Second Department determined that temporary maintenance was not properly granted in light of the facts (where the prenuptial agreement did not expressly deal with the topic) and legal fees in excess of the limit in the prenuptial agreement were properly granted. The court explained the relevant analyses as follows: “As with all contracts, prenuptial […]
In a full-fledged opinion by Justice Eng, the Second Department determined the action brought on behalf of a child who died in school after suffering an allergic reaction was correctly dismissed with respect to the Department of Education (DOE) and should have been dismissed with respect to the school and the attending nurse who was […]
In a rear-end collision case, the Second Department determined plaintiff’s motion for summary judgment on liability should have been granted: A rear-end collision with a stopped or stopping vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle and imposes a duty on that operator to rebut the […]
The Second Department affirmed the denial of defendant’s motion for summary judgment in a pothole bicycle-injury case. The court determined that there was a question of fact about exactly where the pothole was and whether it was indicated on the Department of Transportation’s Big Apple Pothole map: …”[W]here a municipality has enacted a prior written […]
In a slip and fall case, the Second Department reversed Supreme Court and determined there was a question of fact whether a defect, a ¾” height differential in a walkway, was “trivial:” “Generally, whether a dangerous or defective condition exists depends on the particular facts of each case, and is properly a question of fact […]
The Second Department determined Supreme Court should have granted defendant’s motion for summary judgment based on the doctrine of primary assumption of risk. Plaintiff was an experienced boxer and was injured when he stepped into a gap (about which he was aware) under the canvas surface of the boxing ring: The doctrine of primary assumption […]
In reversing Supreme Court, the Second Department determined a slip and fall action against defendant (Trump Village) should have been dismissed because the plaintiff could not identify the cause of her fall: ” [A] plaintiff’s inability to identify the cause of the fall is fatal to the cause of action because a finding that the […]
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