In reversing Supreme Court and granting plaintiff’s motion for summary judgment, the First Department determined the facts did not support the defense that plaintiff was the sole proximate cause of the accident. Plaintiff was injured when a drill rig fell after safety chains had been removed. The First Department determined the facts demonstrated plaintiff was […]
The First Department reversed Supreme Court and granted defendant’s motion to dismiss plaintiffs employment discrimination, retaliation and hostile work environment claims. Plaintiffs signed a release and received severance pay based upon the terms of the release. The First Department determined plaintiffs’ claims that the signed the release under duress were foreclosed by their ratification of […]
The Third Department determined claimant was ineligible for unemployment insurance benefits because of an act constituting a felony which took place at the claimant’s home, not at work, but which generated negative publicity, breaching a duty owed to the employer (a car dealership). The Third Department wrote: Substantial evidence supports the decision of the Unemployment […]
After claimant was laid off, he operated a business [Hatch Ventures] periodically out of his home. The Third Department determined the claimant was not eligible for unemployment insurance benefits for the days he operated his business but that “recoverable overpayment and forfeiture penalty” should not be imposed because claimant did not make a willful misrepresentation […]
The Third Department determined the defendant’s motion papers did not demonstrate the need for a suppression hearing: Because defendant failed to allege sufficient facts to justify a hearing, County Court did not err in summarily denying defendant’s motion for a Mapp hearing…. Motion papers seeking suppression of evidence “must state the ground or grounds of […]
The Third Department explained the proper procedure for resentencing under the Drug Law Reform Act as follows: The Drug Law Reform Act establishes a specific procedural course that was not followed here. Upon finding a defendant eligible for resentencing, the court must issue a written interlocutory order informing the defendant of the term of imprisonment […]
The Third Department determined evidence of defendant’s gang affiliation and uncharged drug offenses were admissible in defendant’s murder trial under Molineux. In addition, the Third Department determined defendant’s statements made after he said he didn’t want to answer any more questions should have been suppressed. [The Third Department rejected the People’s argument that the suppression […]
In determining summary judgment should have been granted to the defendant dog owners, the Third Department explained the defendants had demonstrated they had no prior knowledge of the dog’s vicious propensities. The plaintiff was injured when defendant’s dog [Delilah] bumped into her while running in play, activity the Third Department determined was “normal canine behavior” […]
In reversing the motion court’s denial of defendant’s motion to dismiss plaintiff’s causes of action for fraud, the First Department, over a strong dissent, determined the complaint did not, as a matter of law, establish justifiable reliance upon alleged misrepresentation. In essence, the First Department determined that “sophisticated and well-counseled entities,” to preserve a prima […]
In sending the case back to Supreme Court for a hearing on the issue of whether defendant is guilty of civil and/or criminal contempt (re: the violation of a court order), the Second Department explained the differences between the two types of contempt as follows: “Civil contempt (see Judiciary Law § 753) has as its […]
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