In playing tennis on defendant’s court, plaintiff, when back-pedaling to reach the ball, was injured when he stepped on a plastic water bottle which was behind a curtain separating the court from an adjacent wall. In reversing Supreme Court’s grant of summary judgment to the defendant [Lifeplex], the Second Department determined Lifeplex had not demonstrated […]
The Second Department determined a slip and fall case could go ahead because the town failed to submit sufficient proof in its summary judgment motion that town records were searched for the notice: Here, the defendant failed to demonstrate its prima facie entitlement to judgment as a matter of law on the ground that it […]
In affirming the dismissal of plaintiff’s complaint for false arrest, malicious prosecution, assault and battery, etc., the Second Department noted: “ [p]ublic policy bars claims for intentional infliction of emotional distress against a governmental entity’”… . Rodgers v City of New York, 2013 NY Slip Op 03926, 2nd Dept, 5-29-13
In reversing the vacation of the dismissal of a medical malpractice action, the Second Department noted that it was improper to submit an affidavit of merit from a medical expert in reply papers: The assertion of the plaintiff’s counsel that he incorrectly calendared the date on which the note of issue was due amounted to […]
In ruling that both defendant’s and plaintiff’s unsigned deposition transcripts could be considered in slip and fall summary judgment motion, the Second Department wrote: Contrary to the plaintiff’s contention, the Supreme Court properly considered the deposition transcripts submitted in support of the motion. The unsigned but certified deposition of the defendant was admissible under CPLR […]
The Second Department noted that the defendant’s failure to raise the denial of his constitutional right to present a complete defense and confront witnesses (re: cross-examination of victim about an alleged motive to fabricate) at trial rendered the issue unpreserved for appellate review. People v Simmons, 2013 NY Slip Op 03861, 2nd Dept, 5-29-13
The Second Department, over a dissent by Justice Balkin, affirmed a determinate sentence of five years in prison. The sentencing court chose not to apply Penal Law 60.12 (Jenna’s Law) which allows indeterminate terms of imprisonment for first-time violent felons if the victim’s domestic violence was a factor in the commission of the crime (criteria […]
The Second Department noted that incarceration tolls the 10-year period for consideration of a predicate felony: Although the period of time between the defendant’s 1999 conviction and the commission of the felonies for which he stands convicted in this case was more than 10 years, the 1999 conviction constituted a predicate felony for purposes of […]
Applying a “DeBour” analysis, the Second Department determined the police did not have the right to frisk the defendant. The police approached the defendant because he was holding two or three cigarettes and the police thought he may be selling loose cigarettes. The police noticed evidence of gang membership and defendant acknowledged being a member. […]
The Second Department determined there was insufficient evidence to support defendant’s convictions for depraved indifference assault and assault on a police officer. The facts did not demonstrate defendant acted with depraved indifference, nor was the injured police officer engaged in a “lawful duty” when he stopped defendant’s car in the absence of reasonable suspicion of […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy