The Second Department reversed defendant’s conviction for obstructing governmental administration as against the weight of the evidence. The court determined there was not sufficient proof the police were engaged in authorized conduct at the time of the contact with the defendant: “A person is guilty of obstructing governmental administration when he [or she] intentionally . […]
he Second Department affirmed Supreme Court’s refusal to depart downward in a SORA proceeding, even though the fact that defendant had not been convicted of any sex offenses in the 12 years following his release from prison was a mitigating factor not taken into account by the risk assessment guidelines: … [T]he defendant requested that […]
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 […]
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