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 […]
In a full-fledged opinion by Justice McCarthy, the Third Department determined the Wage Parity Law (Public Health Law section 3614-c), which conditions Medicaid reimbursement upon paying home health services providers a minimum wage as set in New York City’s Living Wage Law, was constitutional. The court rejected arguments that: (1) the Legislature improperly delegated its […]
The Third Department determined a policy which required probationary employees injured in a preventable accident to be fired, but did not require the firing of uninjured probationary employees who were observed working unsafely, improperly served to dissuade injured employees from seeking Workers’ Compensation: Workers’ Compensation Law § 120 prohibits an employer from discriminating against an […]
In reversing a decision of the Workers’ Compensation Board which ruled the employer was not entitled to reimbursement from the Special Disability Fund on the ground that the employee’s lung disease was solely related to work at the World Trade Center, the Third Department wrote: [The treating doctor] repeatedly expressed his opinion that claimant’s interstitial […]
The Third Department reversed the Unemployment Insurance Appeal Board’s denial of benefits finding that, although the practice of depositing money in the employee’s bank account for reimbursement to her and others for out of pocket expenses violated company policy, it did not amount to misconduct: Even where an employee has been fired for legitimate reasons, […]
In affirming the Unemployment Insurance Appeal Board’s ruling that an employer’s request for a hearing was untimely, the Third Department noted there was no provision allowing an extension of time: “Pursuant to Labor Law § 620 (2), an employer has 30 days from the mailing or personal delivery of a contested determination to request a […]
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