In a full-fledged opinion by Justice Friedman, the First Department agreed with Supreme Court’s fashioning of a constructive condition precedent for the collection of additional rent under a lease. The First Department quoted the controlling law from the Court of Appeals: “A condition precedent is an act or event, other than a lapse of time, […]
The First Department, over a two-justice dissent, reversed Supreme Court and dismissed a complaint alleging that a work-related injury was the result of an “intentional wrong” by the employer and, therefore, workers’ compensation was not the exclusive remedy. The case required the application of New Jersey’s Workers’ Compensation Act, and the interpretation of the statutory […]
The Second Department determined that the local law which limited the term of the county district attorney to 12 years was preempted by the New York Constitution and state law, thereby allowing the sitting district attorney (who had served for 12 years) to run for another term. The court reasoned: …[T]he County’s attempt to place […]
The Fourth Department, over a substantial dissent, reversed Supreme Court and determined a candidate (Irish) for town council was disqualified from running for county legislator. Irish was first designated a candidate for town council but later was designated a candidate for the county legislature when a vacancy opened up. No certificate of declination of for […]
The Fourth Department determined the applicable rules stripped the power to authorize the designation of candidates from the Interim County Organization (ICO) of the Erie County Independence Party: Election Law § 6-120 permits a county committee to exercise the powers of nomination and designation “unless the rules of the party provide for another committee” (§ […]
The Fourth Department rejected the argument that the Conservative Party’s Executive Committee did not have the authority to designate candidates for county executive and county clerk in Chautauqua County: It is undisputed that, pursuant to the Election Law, the County Committee is the default “party committee” empowered to issue … certificates for the county offices […]
The Third Department affirmed Supreme Court’s ruling that misspellings in the petition did not create confusion about the party and person referred to and, therefore, the relevant signatures were valid: …[T]he term “Democratic” appears on various sheets of the petition as “Demoratic,” “Demotatic” and “Demacatic.” These minor misspellings, however, would not tend to confuse the […]
The Third Department reversed Supreme Court’s granting of the opportunity to ballot where the designating petition did not have the required number of valid signatures and there was no evidence of the reason(s) some of the signatures were deemed invalid (no hearing was held). The Third Department explained the procedure for determining whether the opportunity […]
The Third Department applied the concept of “technical irregularities” to signatures rendered invalid by problems with two subscribing witnesses. In spite of the invalidation of the signatures, because there was no fraud and no indication the voters were not entitled to sign the petition, the opportunity to ballot was properly allowed: The record establishes that […]
In a proceeding under the Election Law to invalidate a petition designating a candidate, the Second Department determined dismissal was appropriate based upon the failure to comply the service method prescribed in an order to show cause: “The method of service provided for in an order to show cause is jurisdictional in nature and must […]
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