In a full-fledged opinion by Justice Skelos, the Second Department determined the wife’s allegations against her husband did not demonstrate the family offense of disorderly conduct. The wife alleged the husband tried to push her down stairs, twisted her arm and pushed her against a wall. Under the Penal Law, disorderly conduct requires an intent […]
In a full-fledged opinion by Justice Sgroi, the Second Department determined an e-mail message satisfied the criteria of CPLR 2104 as a binding and enforceable stipulation of settlement. The e-mail, written by plaintiff’s counsel, read: “Per our phone conversation today, May 3, 2011, you accepted my offer of $230,000 to settle this case. Please have […]
In a full-fledged opinion by Justice Renwick, the First Department determined the NYS Division of Housing and Community Renewal’s (DHCR’s) complete denial of a rent increase for a Major Capital Improvement (MCI) to an apartment building was arbitrary and capricious. In the past, DHCR had denied an MCI rent increase only with respect to a […]
The New York City Housing Authority (NYCHA) sued a security company and others based upon a fire that apparently was started by a cigarette carelessly thrown into a wastebasket. During discovery defendants requested the surveillance video. Plaintiff had reviewed the video and apparently had deleted portions of it considered unnecessary. Defendants’ motion to dismiss pursuant […]
In a slip and fall case, over a dissent, the First Department determined the defendant did not demonstrate a lack of constructive notice of a wet substance on the stairway of defendant’s apartment building. Although the defendant produced evidence of a janitorial schedule, the defendant did not present any evidence the schedule was followed on […]
In a sidewalk slip and fall case, over a substantial dissent, the First Department determined “a three-quarter-inch expansion joint, which was not filled to grade level, coupled with a one-fourth-inch height differential between slabs … was “trivial” and therefore not actionable as a matter of law…”. Although there was evidence the width of the expansion […]
In reversing Supreme Court’s grant of a default judgment, the Fourth Department noted that “New York does not recognize civil conspiracy to commit a tort as an independent cause of action.” Piatt, PA…v Horsley…, 652, 4th Dept 7-19-13
In a case with counterclaims sounding in contract and Labor Law 191-c (1) (re: payment of earned sales commissions after a contract is terminated), the Fourth Department noted that the court does not have discretion to vary the statutory 9% interest rate in a contract action: …[W]e conclude that the court lacked discretion to vary […]
The Fourth Department dismissed a negligence cause of action as time-barred and a contract cause of action because the defendant insurance agent owed no special duty to advise the plaintiff. The plaintiff asked for and received an assignment of a workers’ compensation policy which had been held by nonparty API. Unbeknownst to the plaintiff at […]
In determining a 40-month delay did not deprive defendant his right to due process, the Fourth Department wrote: In determining whether there has been an undue delay, a court must consider several factors, including “ ‘(1) the extent of the delay; (2) the reason for the delay; (3) the nature of the underlying charge; (4) […]
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