The Second Department reversed Family Court’s neglect determination against father. The sole basis for the neglect finding was father’s refusal to let DSS Emergency Services workers into his apartment, which, the father explained, was based upon his fear the workers were not who they claimed they were: The Second Department wrote: “To establish neglect pursuant […]
In affirming Family Court’s award of sole custody to mother, the Second Department determined the father should have been awarded decision-making authority for the child’s education: When joint custody is not possible because of the antagonistic relationship between the parties…, it may be appropriate, depending upon the particular circumstances of the case, to award some […]
In finding Supreme Court should have dismissed the complaint against a driver (Mabella) who was struck from behind when stopped, due to mechanical trouble, in a moving lane of traffic, the Second Department explained: Mabella established his prima facie entitlement to judgment as a matter of law through his submission of the deposition testimony of […]
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 […]
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