The Third Department affirmed the denial of summary judgment in a case where plaintiff was injured by defendant’s horse. Plaintiff was knocked unconscious when defendant’s horse “head swatted” him. The Third Department determined the deposition testimony of a neighbor raised a question of fact about whether defendant was aware of the horse’s aggressive behavior. The […]
In a full-fledged opinion by Justice Spain, the Third Department determined the Medical Treatment Guidelines created pursuant to Workers’ Compensation Law section 13-a (5) were valid and enforceable. The Guidelines were adopted as the standard of care for all medical treatment for workplace injuries rendered on or after December 1, 2010, relating to injuries to […]
The Second Department, in an Article 78 proceeding, explained the review criteria where there has been a disability hearing (re: a firefighter) held by a municipality pursuant to General Municipal Law 207-a: Judicial review of an administrative determination made after a hearing required by law at which evidence is taken is limited to whether the […]
The Second Department determined a Labor Law 240(1) action should have been dismissed. As plaintiff was attempting to paint the ceiling while standing on a ladder, a portion of the ceiling fell, causing injury. In explaining why section 240 does not apply to the facts, the court wrote: Labor Law § 240(1) requires property owners […]
In a full-fledged opinion by Justice Leventhal, the Second Department determined a police officer who was injured when she fell off the back of a flat bed truck while loading police barricades could not sue in negligence (based on the firefighter rule) but could sue under General Municipal Law 205-e based on an alleged violation […]
In a full-fledged opinion by Justice Cohen, the Second Department determined that two children born in Hong Kong, and living with their father in New York, did not meet the “dependency-on-the-family-court” requirement such that they could petition for special immigrant juvenile status (SJIS) pursuant to 8 USC1101 (which provides undocumented children with a gateway to […]
The Second Department determined that the attorney for the child had the power to file a child abuse petition after the Department of Social Services withdrew its petition: Although the primary responsibility for initiating a child neglect or abuse proceeding “has been assigned by the Legislature to child protective agencies” … , Family Court Act […]
The First Department discussed when a trustee can be denied commissions for misconduct, including misconduct after the commission period (a post-commission-period penalty is rare and none was imposed here): We conclude that courts have the discretion to take into consideration all of a trustee’s misconduct in determining the grant of annual commission, even conduct that […]
The First Department, over a dissent, reversed Supreme Court’s order that petitioner, who had been convicted of two drug offenses (felonies) in the past, be certified as a NYC Department of Education school bus driver. The First Department explained the relevant criteria as follows: Where the applicant seeks employment with the New York City Department […]
The First Department explained what “direct financial loss” means in the context of bonds issued to indemnify a commodities futures broker [MF Global] for loss caused by a wrongful act by an employee: In the bonds, plaintiffs agreed to indemnify MF Global for losses “sustained at any time for . . . any wrongful act […]
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