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 […]
In this case Columbia County Court sentenced defendant to intermittent imprisonment in the Columbia County jail and five years probation in Greene County where defendant resided. After defendant failed to report to Columbia County Jail, County Court revoked the intermittent sentence and sentenced defendant to four months. Defendant contended Columbia County Court had relinquished jurisdiction […]
In a full-fledged opinion by Justice Saxe, the First Department upheld the conviction for rape and for facilitating a sex offense with a controlled substance. The controlled substance referenced in the indictment and the subject of proof at trial was ecstasy. However, expert evidence of the effects of another drug, GBH, was allowed in at […]
The First Department determined defense counsel was ineffective (requiring a new trial) because he emphasized the difference between the Ziploc bags (containing drugs) the defendant was alleged to have sold to an undercover officer and the bags which were in defendant’s possession upon his arrest without ever comparing them. When the jury asked to see […]
The Second Department determined the defendant did not demonstrate plaintiff was its special employee and therefore plaintiff was not restricted to Workers’ Compensation as his remedy: In determining whether a special employment relationship exists, a court should consider factors such as the right to control the employee’s work, the method of payment, the furnishing of […]
In upholding the denial of defendant’s (Countrywide’s) motion for summary judgment based upon the execution of a release, the Second Department determined that the allegations of fraud and duress in procurement of the release raised a question of fact: The Countrywide defendants’ motion was properly denied. Although the plaintiff’s execution of the release in favor […]
The Second Department explained the theory underlying damages for breach of contract and noted that damages are usually ascertained as of the date of the breach: It has long been recognized that the theory underlying damages for breach of contract is to make good or replace the loss caused by the breach… . Damages are […]
In explaining the legal principles underlying the enforcement of releases, the Second Department wrote: Public policy favors the enforcement of settlements …, and a release is “a jural act of high significance without which the settlement of disputes would be rendered all but impossible” ….. Generally, a valid release constitutes a complete bar to an […]
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