In finding mother was deprived of her right to counsel in a guardianship proceeding, the Second Department determined the income of mother’s cohabiting fiance should not have been considered: …[T]he Family Court erred in considering the income of the mother’s cohabiting fiancé in making a determination as to whether she was needy and, therefore, entitled […]
The Second Department determined the Support Magistrate’s failure to take into account money received by the father from relatives for the children’s college required the case to be remitted to determine father’s and mother’s shares of the college expenses: In determining a parent’s child support obligation, a court need not rely upon a party’s own […]
The Second Department determined Family Court erred in not granting father’s petition for a modification of a custody arrangement. Father was awarded temporary custody while the mother dealt with abuse or neglect allegations which were eventually determined to be “unfounded.” The father then petitioned for sole residential custody: The evidence presented at the hearing on […]
The Second Department, over a dissent, set aside a verdict in a slip and fall case which found that the defendant’s (City of New York’s) negligence was not the proximate cause of the fall. Plaintiff fell on a portion of sidewalk which “was all patched” and which had “a hole in it.” The court explained: […]
In finding a one-half inch defect in a walkway was trivial as a matter of law (in a slip and fall case), the Second Department explained the legal principles as follows: “[W]hether a dangerous or defective condition exists on the property of another so as to create liability depends on the peculiar facts and circumstances […]
In a full-fledged opinion by Justice Saxe, the First Department determined plaintiff Aetna Life Insurance Company had sufficiently alleged causes of action stemming from Lehman Brothers’ alleged removal of high-grade securities from a trust account and replacement of those securities with toxic subprime-mortgage-backed securities. The First Department summarized the facts and its rulings as follows: […]
In a full-fledged opinion by Justice Renwick, the First Department determined the “portion cap rule” (limiting the volume of certain “sugary drink” products to 16 ounces) was invalid because the Board of Health “overstepped the boundaries of its lawfully delegated authority” when it promulgated the rule. In so finding, the First Department applied the analysis […]
The First Department determined the defendant Housing Authority could not be held liable for a criminal attack inside plaintiff’s apartment building absent proof the entry door lock was defective (and defendant had actual or constructive knowledge of the defect) or that defendant knew the door could be opened without a key: While an assault on […]
In annulling the determination because the inmate’s behavior did not warrant his removal from the hearing, the Third Department wrote: It is well settled that “[a]n inmate has a fundamental right to be present during a prison disciplinary hearing unless he or she is excluded for reasons of institutional safety or correctional goals” … . […]
In affirming Supreme Court’s annulment of the determination and grant of a new hearing because the recording of the proceeding was incomplete, the Third Department noted that the criteria for expungemet had not been met: It is well settled that “[e]xpungement will be ordered only where there has been a showing that ‘(1) the challenged […]
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