The Fourth Department noted that the grandparents had standing to seek visitation with their grandchildren, in addition to mother’s and father’s visitation: …[W]e conclude that the grandparents established “a prima facie case of standing to seek visitation with the subject child[ren]” inasmuch as they demonstrated “the existence of a sufficient relationship with the child[ren] to […]
In a personal injury action, the Fourth Department affirmed Supreme Court’s order compelling plaintiff to accept the answer as timely. In so finding, the Fourth Department noted that a prior decision holding that a delay caused by the defendant’s insurance carrier is not a reasonable excuse should no longer be followed: It is well settled […]
In reversing Supreme Court’s denial of a motion to vacate a default judgment, the Fourth Department explained that law office failure can be excused: The court erred in rejecting that excuse on the ground that “law office failure is not an excuse that is accepted by the Court of Appeals.” It is well established that […]
In reversing Supreme Court in a case concerning whether an assault was covered under an insurance policy, the Fourth Department determined the defendant insurance company’s motion for leave to amend its answer should have been granted and plaintiffs’ motion for summary judgment should have been denied. After finding that the amendment was meritorious, the Fourth […]
The Fourth Department affirmed Supreme Court’s allowing plaintiff in a medical malpractice action to respond to discovery demands, after the court had precluded plaintiff for not responding. Plaintiff’s attorney’s illness provided a reasonable excuse, and the expert’s affirmation (later converted to an affidavit as directed by the court) demonstrated a meritorious action: “It is well […]
The Fourth Department explained when a legal malpractice action accrues (when it is committed, whether or not the aggrieved party is aware of it): “ ‘A cause of action for legal malpractice accrues when the malpractice is committed’ ”…. “In most cases, this accrual time is measured from the day an actionable injury occurs, ‘even […]
The Fourth Department, over a dissent, determined the exception to the written notice requirement (notice to a municipality re: a dangerous condition) did not apply, but there was a question of fact whether the municipality created the dangerous condition, a gap in the roadway on a bridge, which caused the infant plaintiff to fall off […]
The Fourth Department affirmed the dismissal of a negligence complaint against a town arising from the backup of sewage in plaintiffs’ house. The decision includes a concise but complete explanation of the issues relevant to municipal liability for negligence: In an action against a municipality such as defendant, it is “the fundamental obligation of a […]
The Fourth Department determined a 4 ½ inch drop just inside the entrance to a bowling alley raised a question of fact about whether the drop was a dangerous condition, even though no building codes applied. In addition, there was a question of fact about the failure-to-warn cause of action. Belsinger v M & M […]
The Fourth Department reversed Supreme Court and granted summary judgment dismissing claims which alleged Sirota, who worked as an independent contractor for defendant Ridgeway, was negligent in advising plaintiff to purchase “certain security and investment vehicles.” The Fourth Department determined Ridgeway was entitled to summary judgment as Ridgeway had demonstrated it owed no duty of […]
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