In affirming Supreme Court, in the face to the inmate’s request that he be placed in the sex offender counseling and treatment program (SOCTP) in 2015, the Third Department determined the inmate’s participation in the program could be delayed until 2023, 36 months before his conditional release date: An inmate’s evaluation by a case review […]
The Second Department explained how the exclusion provisions of a policy are affected by the language of an additional insured endorsement: Here, the plain meaning of the exclusion … was that the …policy did not provide coverage for damages arising out of bodily injury sustained by an employee of any insured in the course of […]
In determining Supreme Court should have denied defendant’s motion to dismiss, the Second Department explained the criteria for an easement granted in general terms: Where, as here, an easement is granted in general terms, “the extent of its use includes any reasonable use necessary and convenient for the purpose for which it is created”…. Further, […]
The Second Department determined a five-day notice demanding unpaid rent under a lease was not invalid because it was signed by a purported agent of the landlord without proof of the agent’s authority to act for the landlord. In so finding, the Second Department distinguished a case relied upon by the tenant: …[T]he Appellate Term […]
The Second Department reversed Supreme Court, finding that the plaintiff was not entitled to summary judgment in a mortgage foreclosure proceeding. The defendant alleged plaintiff did not have standing to bring the action. The Second Department determined the plaintiff failed to present sufficient evidence of its standing to support summary judgment in plaintiff’s favor. In […]
The Second Department determined that the appreciation in the value of commercial real estate owned by a partnership after the date of dissolution did not constitute “profits” within the meaning of Partnership Law 73: Partnership Law § 73 provides, in relevant part, “[W]hen any partner retires or dies, and the business is continued . . […]
The Third Department determined an inmate was entitled to a new hearing on his request for discretionary parole release because the Board did not use the required written procedure for risk assessment: [The inmate argued] the Board improperly failed to utilize a “COMPAS Risk and Needs Assessment” instrument in connection with the relevant amendments to […]
In upholding the approval of a site plan, the Third Department determined the planning board met the requirements of the State Environmental Quality Review Act (SEQRA) and zoning board properly granted a height variance. In explaining the criteria for both reviews, the Third Department wrote: “‘Judicial review of an agency determination under SEQRA is limited […]
In concluding the collective bargaining agreement (CBA) unambiguously provided lifetime health insurance coverage to the petitioners pursuant to the CBA in effect upon their retirement, the Third Department wrote: A written agreement that is clear and complete on its face must be enforced according to the plain meaning of its terms …Extrinsic evidence may be […]
In dismissing a libel action against a reporter who erroneously alleged in a newspaper story that plaintiff used money collected from students for workbooks to buy faculty lunches and an air conditioner for the faculty workroom, the Second Department wrote: “[W]hen the claimed defamation arguably involves a matter of public concern, a private plaintiff must […]
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