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 … . […]
Plaintiff was injured when he fell while using a ladder at the plumbing business where he worked. The ladder was owned by plaintiff’s employer and the property was owned by an out-of-possession landlord. During his deposition, plaintiff said he had no idea why the ladder slid out from under him when he attempted to step […]
In a full-fledged opinion by Justice Chambers, the Second Department determined that the doctrine of laches was not available to dismiss a pre-note-of-issue case which had been dormant for 12 years. In this slip and fall case, the incident occurred in 1992, issue was joined, plaintiffs served a bill of particulars, but plaintiffs failed to […]
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