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 […]
The Second Department explained the criteria for the award of support for a child’s college education as follows: “Unlike the obligation to provide support for a child’s basic needs, support for a child’s college education is not mandatory’”…. “Instead, absent a voluntary agreement, whether a parent is obligated to contribute to a child’s college education […]
In an abuse and neglect proceeding, the Second Department reversed Family Court’s denial of father’s motion to vacate a fact-finding order after a hearing at which father was not present: If a parent is not present, the court may proceed to hear a petition pursuant to Family Court Act article 10 if the child is […]
In affirming Family Court, the Second Department determined the child’s out-of-court statements were sufficiently corroborated: At a fact-finding hearing in a child protective proceeding pursuant to Family Court Act article 10, the petitioner has the burden of establishing, by a preponderance of the evidence, that the subject child has been abused or neglected (see Family […]
The Second Department determined Family Court properly applied the doctrine of collateral estoppel in an abuse proceeding based upon father’s criminal convictions: The Family Court properly granted that branch of the motion of the ACS which was for summary judgment on the issue of the father’s derivative abuse. The ACS met its prima facie burden […]
The Second Department determined mother’s mental illness alone did not support a finding of neglect: …[T]he Administration for Children’s Services (hereinafter the ACS), adduced evidence at the fact-finding hearing which established that the mother suffered from bipolar disorder at the time each of the two subject children were born. “A finding of neglect may be […]
In a full-fledged opinion by Justice Feinman, the First Department outlined the criteria for fraudulent inducement where the parties are “sophisticated entities,” as well as the strict criteria for attachment: The elements of fraud are a misrepresentation or a material omission of fact which was known to be false by the defendant, made for the […]
The First Department, over a substantial dissent, reversed Supreme Court’s grant of defendants’ motion to set aside the verdict in a medical malpractice action: “The question of whether a verdict is against the weight of the evidence is discretion-laden, and the critical inquiry is whether the verdict rested on a fair interpretation of the evidence”…. […]
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