In dismissing the appeal from the denial of a motion to resettle or clarify, the Third Department explained the nature of a motion to resettle and some aspects of motions to reargue and renew: Petitioner’s motion was one to resettle and/or clarify Supreme Court’s prior judgment regarding back pay. Such a motion is designed “not […]
The First Department affirmed the dismissal of a slip and fall complaint finding the one-half-inch differential between the level of the sidewalk and the frame of the cellar door was trivial and could not serve as the basis of liability. Boynton v Haru Sake Bar, 2013 NY Slip Op 04113, 1st Dept, 6-6-13
In affirming the Court of Claims’ dismissal of a claim because claimant was unable to demonstrate the state was properly served, the Third Department explained the relevant law as follows: “A claimant seeking to recover damages for personal injuries caused by the negligence . . . of an officer or employee of [defendant] must file […]
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 […]
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