In determining a dispute involving a lease must be resolved in arbitration, the Fourth Department explained the court’s limited role in this context: Plaintiff …. commenced this action pursuant to RPAPL article 15 seeking, inter alia, “to compel the determination of claims to the real property described herein,” and defendant moved to compel arbitration under […]
The Fourth Department annulled a determination which suspended a tenured teacher for 30 days without pay finding she was wrongly denied a hearing: [Under the collective bargaining agreement (CBA)] petitioner was entitled to choose whether to be disciplined under the procedures set forth in the CBA or those set forth in section [Education Law] 3020-a, […]
The Fourth Department, over a two-justice dissent, determined there was a question of fact concerning whether plaintiff’s actions were the sole proximate cause of his fall. Plaintiff was using stilts to do ceiling work and slipped on ice: …[W]e conclude that there is a triable issue of fact whether plaintiff’s actions were the sole proximate […]
The Fourth Department affirmed Family Court’s termination of mother’s parental rights based upon her mental retardation. Matter of Joseph A.T.P. (Julia P.), 472, 4th Dept, 6-14-13
In reversing Family Court and awarding primary physical custody to the mother and visitation to the father, the Fourth Department, over a dissent, wrote: We agree with the mother and the AFC that the mother met her burden of establishing a change of circumstances. Since the original custody trial, each party has remarried and has […]
In affirming Family Court’s termination of visitation with the imprisoned father, the Fourth Department explained the operative principles: “An order of visitation cannot be modified unless there has been a sufficient change in circumstances since the entry of the prior order [that], if not addressed, would have an adverse effect on the child[’s] best interests” […]
In a lead-paint damages case, the Fourth Department determined the landlord was entitled to summary judgment on the cause of action alleging negligent ownership and maintenance (lack of notice), but was not entitled to summary judgment on the cause of action alleging negligent abatement of the hazard: To establish that a landlord is liable for […]
In affirming the grant of a motion to serve a late notice of claim, the Fourth Department explained the relevant principles: A notice of claim must be served within 90 days after the claim accrues, although a court may grant leave extending that time, provided that the application therefor is made before the expiration of […]
The First Department determined the trial court, after several days of deliberation, properly questioned the jury whether it had reached a verdict on any of the counts and properly accepted a partial verdict: The court, which was aware of the travel plans and upcoming religious observance of some of the jurors, properly exercised its discretion […]
In this DWI prosecution, the Third Department determined the People’s expert was not qualified to offer testimony about “reverse extrapolation,” but that the theory itself was sound: [We reject defendant’s generalized challenge to] the theory of reverse extrapolation – the process by which an expert, taking into consideration, among other things, an individual’s known BAC […]
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