The Second Department determined that grabbing a woman by the waist, spinning her around and releasing her did not amount to unlawful imprisonment: …[T]he evidence was legally insufficient to establish, beyond a reasonable doubt, that the appellant committed acts which, if committed by an adult, would have constituted the crime of unlawful imprisonment in the […]
In a full-fledged opinion by Justice Mazzarelli, the First Department determined, among many other contract-issues, that delays allegedly caused by regulators (re: asbestos-removal) were included in the contract provision which insulated the contractee from delay-related damages: “A clause which exculpates a contractee from liability to a contractor [Bovis] for damages resulting from delays in the […]
The First Department determined that a retainer agreement for work “up to” a trial in a divorce action precluded the law firm from recovering any fees for the trial. To cover those fees a second retainer agreement was required: The plain language of the retainer states that the law office’s representation of Blisko includes work […]
The Second Department determined, in a slip and fall case, the town did not demonstrate (in support of its motion for summary judgment) that it did not create the alleged dangerous condition (an allegedly inadequate cover on a catch basin): If one of the recognized exceptions applies, written notice [of a defect] is not required…. […]
The First Department ruled defendants were not entitled to attorney-client communications as discovery in an action alleging negligent representation in a probate and accounting proceeding: The court properly denied the motion to compel because there is no merit to defendants’ argument that the filing of this malpractice action placed the subject matter of the privileged […]
In affirming the denial of defendant’s summary judgment motion where plaintiffs’ complaint alleged defendant coerced decedent into executing estate planning documents, the First Department noted that hearsay evidence may be considered as long as it is not the only evidence offered: While defendant correctly asserts that plaintiffs submitted certain hearsay evidence in opposition to the […]
The Fourth Department reversed Supreme Court and ordered insertion of a feeding tube under general anesthesia for petitioner, Joseph P. The Fourth Department noted there was evidence Joseph P. was “alert, awake, and communicative, … enjoys social interaction and activities” and, with a feeding tube, has “an excellent prognosis with many years of life.” The […]
In upholding the finding that a former sheriff’s deputy was entitled to unemployment insurance benefits, even though he was terminated for incompetence and insubordination, the Third Department noted that collateral estoppel applied to the factual findings in the Civil Service proceeding, but the Unemployment Insurance Appeal Board could make its own determination whether the facts […]
In a case involving “gifts” and a 40% contingency fee for three defendant attorneys’ work on an estate worth several tens of millions, the First Department applied the “doctrine of continuous representation” to toll the statute of limitations and found the fee arrangement(s) “unconscionable:” The claims relating to the gifts the widow made to the […]
In remitting the matter, the Third Department explained County Court failed to follow the procedure mandated by the Drug Law Reform Act: The record contains no written order denying defendant’s application for resentencing and setting forth County Court’s “findings of fact and the reasons for such order” as is required under the Drug Law Reform […]
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