In affirming the Unemployment Insurance Appeal Board’s finding the employee did not commit “misconduct” which justified the denial of benefits, the Third Department wrote: “Whether a claimant lost his or her employment through disqualifying misconduct presents a factual issue for the Board, and its resolution thereof will not be disturbed if supported by substantial evidence” […]
The Third Department affirmed Supreme Court’s determination that respondents’ expert would not be allowed to testify at trial in this condemnation proceeding. Petitioner brought the condemnation proceedings to obtain perpetual easements for underground gas storage in the “Oriskany Sand” beneath the surface of the land owned by the respondents. The respondents hired a geologist to […]
In annulling the determination, the Third Department held that the inmate’s employee assistant did not provide meaningful assistance in the preparation of the inmate’s defense: We agree with petitioner that meaningful employee assistance was not provided in accordance with 7 NYCRR 251-4.2 in order for him to prepare a defense. Although petitioner requested that 19 […]
In upholding a jury verdict, the Third Department determined there was sufficient evidence to support the jury’s finding that a safety consultant was liable under Labor Law 241 (6) for failing to maintain a safe work site: Labor Law § 241 (6) “‘requires owners and contractors to provide reasonable and adequate protection and safety for […]
The Third Department increased the wife’s maintenance and equitable distribution awards based in part upon finding the husband had wasted and dissipated assets that were concededly entirely his separate property. He had purchased an apartment house in New York City prior to the marriage for $130,000 and sold it during the marriage for $6 million. […]
The Third Department affirmed Supreme Court’s finding that a volunteer [Strimling] was an agent of the defendant [Gateway], a corporation hosting a religious event, such that the defendant was vicariously liable with respect to an automobile accident involving the volunteer: A principal-agent relationship can include a volunteer when the requisite conditions, including control and acting […]
The Third Department affirmed the grant of summary judgment to the defendant shopping mall in a negligence suit based upon a shooting at the mall in which plaintiffs were injured. The Court determined the shooting was not foreseeable and explained the relevant legal principles as follows: Landowners have a duty to take reasonable precautions to […]
The Second Department determined plaintiff’s lack of knowledge about alleged annual breaches of contract by the village for which he served as police commissioner was not the result of fraud and, therefore, the 18-month statute of limitations for each breach was not tolled: Pursuant to CPLR 9802, “no action shall be maintained against the village […]
The Second Department determined the trial court did not err when it submitted intentional murder and depraved indifference murder to the jury in the conjunctive, rather than the alternative, because more than one potential victim was present: The defendant, relying on People v Molina (79 AD3d 1371), contends that the submission of the counts of […]
The Second Department explained the relationships among a subtenancy, the prime tenancy and the landlord as follows: “As a general rule, where a landlord and prime tenant enter into an agreement to voluntarily terminate the paramount lease, the subtenant becomes the immediate tenant of the original lessor, and the interest of the subtenant and terms […]
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