In dismissing a cause of action in a slip and fall case against a tenant based upon the alleged condition of an abutting public sidewalk (in which a pair of metal doors leading to the basement of the rented premises were set), the Second Department explained the relevant legal principles as follows: An owner or […]
In reversing Supreme Court’s denial of petitioner’s application to amend the notice of claim (to add a second hospital) in a wrongful death action against the New York City Health & Hospitals Corporation, the Second Department wrote: The petitioner’s decedent … was severely beaten on November 10, 2010. He was taken first to Queens Center […]
In finding that the police inquiry was proper because it was prompted by more than merely the defendant’s nervousness (which would not have been sufficient for a suspicion of criminality), the First Department explained: The Court of Appeals’ decision in People v Garcia (20 NY3d 317 [2012]) does not dictate a different result. In Garcia […]
In affirming a jury finding of mental abnormality and a finding that respondent was a dangerous sex offender requiring confinement, the First Department noted that the state’s expert should not have been allowed to testify about respondent’s admission in a presentence report that he was in the vicinity of a rape with which he was […]
In reversing summary judgment granted to the defendant, the First Department noted that a significant limitation of use of a body function need not be permanent to constitute a serious injury within the meaning of Insurance Law 5102, and the First Department further explained that its precedent in this area should not be read to […]
The Fourth Department noted that a trial court is bound by an appellate decision, even if the decision is wrong. However, in this case, the Fourth Department upheld the trial court’s modification, acknowledging that its prior decision should not be followed: It is well settled that, until a decision of this Court is “ ‘modified […]
The Fourth Department, in a full-fledged opinion by Justice Peradotto, determined the Lewiston Golf Course Corporation (LGCC) was not an “arm” of the Seneca Nation and, therefore, was not entitled to sovereign immunity and could be sued in New York courts: It is well settled that “Indian tribes are immune from lawsuits in both state […]
In vacating a damages award in a quantum meruit case, the Fourth Department concluded the self-serving oral proof offered by plaintiff should not have been accepted as sufficient by the trial court and that the defendants’ proof of the value of plaintiff’s work should be the basis of damages award: Plaintiff is correct that “[p]roof […]
In determining that two insurance policies insuring the same risk were both excess insurance policies (canceling each other out), the Fourth Department explained the relevant law as follows: In resolving disputes between insurers, “we first look to the language of the applicable policies” …, and we note that New York law “recognize[s] the right of […]
The Fourth Department noted that a court loses jurisdiction over a case after a release has been signed and filed: Supreme Court erred in granting the motion of … (defendant) to compel plaintiff to comply with the release agreement between plaintiff and defendants. Defendant brought his motion after the related third-party action was settled and […]
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