The Second Department reiterated the summary-judgment proof-requirements for a lack of constructive notice of a hazardous condition in a slip and fall case: A defendant who moves for summary judgment in a slip-and-fall or trip-and-fall case has the initial burden of making a prima facie showing that it did not create the hazardous condition which […]
The First Department, in a full-fledged opinion by Justice Richter, reversed a conviction finding the defendant was denied his right to a public trial. To protect the undercover officer and others, the defendant was excluded from the Wade hearing concerning the validity of the undercover officer’s identification of the defendant. The trial court, in ordering […]
Defendant was convicted of the rape of one victim and the murder of another during an incident in 1980. Over a substantial dissent, the First Department determined that the recent DNA test results re: hairs found on the perpetrator’s hat and DNA found under the fingernails of the murder victim—results which ruled out the defendant—did […]
The First Department determined that news articles based upon papers filed in court proceedings were privileged pursuant to Civil Rights Law section 74: Defendants moved to dismiss the complaint on the ground that all of the published material was absolutely privileged under Civil Rights Law § 74, which protects “the publication of a fair and […]
The First Department determined that plaintiff was not entitled to summary judgment on her Labor Law 240(1) claim which was based on injuries from sheetrock boards which slipped from where they were leaning against a wall and resting on blocks of wood two feet high. The two-foot height differential was sufficient to implicate 240(1). However […]
The Third Department, over a dissent, declined to follow the 2nd Department in its application of CPL 440.46 (Drug Law Reform Act). The defendant was eligible to apply for resentencing based upon his offense, but, under the sentence defendant was serving at the time of his application for resentencing, he was not entitled to […]
Plaintiff lost fingers operating a table saw which was alleged not to have had a blade guard. In determining the homeowner’s exception to the Labor Law 241(6) cause of action did not apply, the Second Department wrote: With respect to the cause of action pursuant to Labor Law § 241(6), the appellant claimed the homeowners’ […]
Plaintiff was standing on the second highest rung of a ladder when he lost his balance and fell. In reversing Supreme Court’s grant of summary judgment to the plaintiff on his Labor Law 240(1) cause of action, the Second Department explained: ” Labor Law § 240(1) imposes upon owners and general contractors, and their agents, […]
The Second Department affirmed the dismissal of a complaint alleging that defendant Prison Health Service (PHS) retaliated against the plaintiff after she made a sexual harassment complaint. The retaliation was alleged to have violated the New York City Human Rights Law (NYCHRL). Plaintiff claimed she was subjected to excessive demands for her professional credentials and […]
In finding DNA-profile reports generated by the City of New York’s Medical Examiner did not violate defendant’s right to confrontation, the Second Department wrote: The reports contained no conclusions, interpretations, comparisons, or subjective analyses, and “consisted of merely machine-generated graphs” and raw data … . Accordingly, the reports were not “testimonial” in nature … . […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy