The Second Department explained the criteria for a downward departure in a SORA proceeding: A court has the discretion to downwardly depart from the presumptive risk level in a proceeding pursuant to SORA (see Correction Law article 6-C) only when the defendant makes a twofold showing … . The defendant must first identify, as a […]
The Second Department explained the four-year statute of limitations for a rent overcharge claim: “A rent overcharge claim, whether made in a judicial or administrative forum, is subject to a four-year statute of limitations” (… see CPLR 213-a; Administrative Code of City of NY § 26-516[a][2]). “[T]he Rent Regulation [*2]Reform Act of 1997 (RRRA) (L […]
The Second Department explained the “law of the case” doctrine at the appellate level in the context of a Family Court matter: As a general rule, the law of the case doctrine precludes this Court from reexamining an issue which has been raised and decided against a party on a prior appeal where that party […]
In reversing Supreme Court, the Second Department determined a teacher had not acquired tenure by estoppel: “In general, estoppel is a bar which precludes a party from denying [that] a certain fact or state of facts exists to the detriment of another party who was entitled to rely on such facts and had acted accordingly” […]
The Second Department affirmed the grant of summary judgment to an out-of-possession landlord (Hudson). Plaintiff alleged a defect in a concrete floor caused his injury. The Second Department wrote: An out-of-possession landlord is not liable for injuries caused by dangerous conditions on leased premises in the absence of a statute imposing liability, a contractual provision […]
The plaintiff was bitten by a police dog while assisting the police in a search. Supreme Court denied defendants’ motion for summary judgment and the Second Department affirmed, explaining there was a question of fact about whether the “professional judgment rule” applied: “The professional judgment rule insulates a municipality from liability for its employees’ performance […]
In affirming the grant of summary judgment to defendant snow-removal contractor (Lemp) in a slip and fall case, the Second Department clearly explained the applicable law, including the “Espinal” exceptions to the rule a contractor is not liable to third parties: As a general rule, a limited contractual obligation to provide snow removal services does […]
The Second Department reversed Supreme Court and granted summary judgment to the defendant in a medical malpractice action finding the action was time-barred because the continuous treatment doctrine did not apply: Although the plaintiffs contend that the statute of limitations was tolled by the continuous treatment doctrine, they failed to raise a triable issue of […]
The Second Department affirmed the grant of summary judgment to the defendant in a slip and fall case. The plaintiff alleged that the black ice which caused the fall was the result of water dripping from a gutter on defendant’s property. It had been drizzling for several days prior to the fall and was drizzling […]
The Second Department reversed Supreme Court and granted summary judgment to the defendant in a slip and fall case. The court determined not enough time elapsed to invoke constructive notice of the icy condition under the “storm progress rule:” “A defendant may be held liable for a dangerous condition on its premises caused by the […]
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