Plaintiffs brought an action for injunctive relief against the Board of Regents which had denied the application of plaintiff Pinnacle Charter School to renew its charter. Supreme Court had granted a preliminary injunction and dismissed one cause of action. The Fourth Department reversed the preliminary injunction and dismissed the complaint entirely, including the causes of […]
The Fourth Department modified the Supreme Court’s damages assessment in a case brought by firefighters against the City of Buffalo (and named individuals) “alleging that [the City] discriminated against them by allowing promotional eligibility lists created pursuant to the Civil Service Law to expire solely on the ground that plaintiffs, who were next in line […]
In affirming Supreme Court, which dismissed some causes of action and allowed others to stand, the Fourth Department explained elements of several intentional torts, including malicious prosecution, false arrest, false imprisonment, libel and slander. Malicious prosecution: “The elements of the tort of malicious prosecution are:(1) the commencement or continuation of a criminal proceeding by the […]
The Fourth Department reversed and remitted a visitation proceeding to Family Court because Family Court had relieved assigned counsel, noting that the Fourth Department had recently held respondents in visitation proceedings are entitled to assigned counsel: Family Court erred in relieving his assigned counsel after the modification petition, which sought full legal custody of the […]
The Fourth Department affirmed Family Court’s denial of an incarcerated father’s petition for visitation with his children: Although we recognize that the rebuttable presumption in favor of visitation applies when the parent seeking visitation is incarcerated…, we conclude that respondents rebutted the presumption by establishing by a preponderance of the evidence that visitation with petitioner […]
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 […]
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