The Third Department upheld the Court of Claims’ dismissal of a claim because the notice of claim was not specific enough. In describing the statutory criteria, the Third Department wrote: Pursuant to Court of Claims Act § 11 (b), a claim must set forth the nature of the claim, the time when and place where […]
In affirming the denial of summary judgment to the defendant, which provided services to developmentally disabled people, the Third Department determined there was a question of fact about whether defendant owed plaintiff a duty and whether the breach of that duty was the proximate cause of plaintiff’s injuries. Plaintiff was placed on a bus to […]
The Second Department explained the elements of a cause of action for breach of fiduciary duty in the context of the board of directors of a corporation and the business judgment rule: A cause of action sounding in breach of fiduciary duty must be pleaded with the particularity required by CPLR 3016(b)”…. “The elements of […]
After a Sirois hearing, the trial court found sufficient circumstantial evidence that the defendant had caused a witness’ unavailability and allowed in evidence (in the People’s case-in-chief) an audio recording of the witness. In affirming, the Second Department wrote: …[T]he Supreme Court properly admitted a sworn audiotaped statement from Timothy Dixon as evidence during the […]
The Second Department determined bad acts committed after the charged crime should not have been admitted, although the error was deemed harmless: The Supreme Court …improvidently exercised its discretion in permitting the admission of evidence relating to two bad acts allegedly committed by the defendant subsequent to the charged crime, since the probative value of […]
The Second Department explained the legal analysis when two or more insurance companies cover the same risk for the same insured: “In insurance contracts the term other insurance’ describes a situation where two or more insurance policies cover the same risk in the name of, or for the benefit of, the same person”… .. “[W]here […]
In affirming Supreme Court’s ruling that the defendants had no duty to disclose a recorded easement to the buyers pursuant to the doctrine of caveat emptor, the Second Department wrote: “New York adheres to the doctrine of caveat emptor and imposes no duty on the seller or the seller’s agent to disclose any information concerning […]
In dismissing a complaint seeking damages pursuant to the Residential Lead-Based Paint Hazard Reduction Act (RLPHRA) for the failure to make disclosures regarding the dangers of lead paint, the Second Department noted that only seller’s agents, not buyer’s agents, can be held liable under the act: The statutory language of the RLPHRA “is unambiguous with […]
The Second Department determined the out-of-possession landlord could not be liable for a missing light in a stairwell, the alleged cause of plaintiff’s fall: “An out-of-possession landlord’s duty to repair a dangerous condition on leased premises is imposed by statute or regulation, by contract, or by a course of conduct”… . Here, the defendant established […]
The Second Department determined Supreme Court should have reduced the distributive award based upon the appreciation in value of the marital residence during the marriage by the equitable share of the marital debt incurred in making improvements to the residence: While the marital residence was the plaintiff’s separate property, the Supreme Court directed the plaintiff […]
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