In determining Supreme Court should have dismissed the negligence and fraudulent misrepresentations cause of action in a complaint based upon breach of contract, the Third Department wrote: “[A] simple breach of contract claim is not to be considered a tort unless a legal duty independent of the contract itself has been violated . . .[, […]
In a full-fledged opinion by Judge Graffeo, the Court of Appeals determined that a defective acknowledgment on a prenuptial agreement was the type of defect that could be cured but that the notary’s affidavit was not sufficient to cure the defect. Therefore, the prenuptial agreement was invalid. The opinion includes an extensive discussion of the statutory […]
In a full-fledged opinion by Judge Read (with a dissent by Judge Smith) the Court of Appeals determined that a contract provision which violated General Business Law 395-a (2) did not render the contract null and void and a private right of action pursuant to General Business Law section 349 did not lie for the […]
The defendant stopped in the roadway when she had the right of way and gestured to an on-coming driver to make a left turn in front of her. Plaintiff passed the defendant on the right and collided with the car making the turn. The Third Department determined defendant’s motion for summary judgment should not have […]
In ruling that the defendant school district’s motion for summary judgment in a “negligent supervision” case should have been granted, the Third Department determined the school district could not have reasonably anticipated the attack of one student upon another. The school personnel had been alerted to the possibility of an impending fight between the two […]
Plaintiff was injured when she fell from her horse. The defendant was jogging behind the horse with her dogs. Plaintiff alleged barking caused the horse to break into a canter or a run. The Third Department determined Supreme Court should have granted defendant’s motion for summary judgment. After discussing the principles underlying assumption of the […]
The Third Department determined summary judgment should not have been granted to the defendant based upon the emergency doctrine. Defendant struck the decedent’s body which was in the roadway. Although defendant slowed when she saw the brake lights and flashers on vehicles ahead of her, she continued driving at about 50 miles per hour: We […]
A fire apparently started in the vicinity of a gas grill resulting in the destruction of an apartment building. In affirming summary judgment granted to the defendants, the Third Department noted that an unsigned report from the fire department was properly ignored by the motion court and plaintiff was not entitled to an inference of […]
In a full-fledged opinion by Justice Peters, the Third Department determined that the records of a hit-and-run accident involving a state trooper, sought in a Freedom of Information Law (FOIL) request made by a newspaper journalist, may be protected by the Civil Rights Law 50-a if they are personnel records used to evaluate performance toward […]
In affirming the dismissal of a complaint in which it was alleged the purchase of a building was induced by misrepresentations, the First Department noted there can be no action for conversion of real property, and there can be no action for conversion of money which was transferred pursuant to an agreement: The motion court […]
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