The Third Department noted that Family Court can not countermand County Court’s order of protection stemming from the father’s assault of the mother. Therefore, Family Court could not require the mother to facilitate the reading of the father’s letters to the child: Family Court does not have jurisdiction to countermand the provisions of a criminal […]
In upholding Family Court’s custody ruling, the Third Department noted that events which occurred before the last custody order could be considered with respect to the best interests of the child:” Family Court did not err in considering evidence of events that occurred before the entry of the prior custody order. Although the inquiry as […]
In reversing Family Court’s finding of derivative severe abuse, the Third Department explained the proof requirements as follows: …[W]e agree with respondent that Family Court erred in concluding that Nicholas and Carolina were derivatively severely abused by respondent. As the Court of Appeals recently clarified in Matter of Dashawn W. (21 NY3d 36 [2013]), a […]
In a slip and fall case, the First Department precluded plaintiff from asserting theories of liability not in the notice of claim: The notice of claim limited plaintiffs’ theory of liability to negligent maintenance, upkeep and repair of the subject staircase, asserting that the infant plaintiff was caused to slip and fall due to a […]
The First Department determined that plaintiff’s voluntary participation in a fight severed any causal connection between his injuries and the defendant building owner’s and defendant building manager’s alleged failure to keep the premises safe: Courts in all four judicial departments have found that one who voluntarily participates in a physical fight cannot recover from a […]
In upholding the Board of Parole’s determination that, as a condition of release on parole, petitioner, who had attacked his wife in the past, must refrain from any contact with his wife for one year and complete a domestic violence offenders program, the Third Department wrote: …[T]the Board is vested with discretion to determine the […]
In reversing the Unemployment Insurance Appeal Board’s determination that “Quick Change” was claimant’s employer and therefore was liable for contributions to unemployment benefits, the Third Department noted: Here, Quick Change did not screen claimant but, rather, retained his services based upon his reputation in the industry. Claimant was free to accept or reject an assignment […]
The Third Department affirmed an award of Workers’ Compensation benefits based on psychic injury (stress). Due an audit of the travel reimbursement policies of the employer, the employee (claimant) was required to pay taxes on “income” of $100,000 (the reason for the employee’s psychic injury). The Third Department explained the analytical factors as follows: A […]
The First Department determined Supreme Court should have denied plaintiff’s motion for summary judgment. Plaintiff was the owner and landlord of a building and defendant was a commercial tenant. Section 7.04 of the lease stated: “each party releases the other with respect to any claim (including a claim for negligence) which it might otherwise have […]
The First Department reversed the IAS court’s denial of plaintiff’s motion to serve a third amended complaint. The court noted that plaintiff’s failure to vacate his note of issue did not require the denial of the motion. In explaining that mere lateness is not a barrier to amendment, the court wrote: …”[M]ere lateness is not […]
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