In a rear-end collision case, the Second Department determined the allegation that the plaintiff abruptly changed lanes and came to a sudden stop in front of defendant raised a question of fact about plaintiff’s negligence: Here, the plaintiff established, prima facie, his entitlement to judgment as a matter of law by demonstrating that his vehicle […]
In determining the plaintiff’s resort to speculation about the cause of her fall required dismissal of the complaint, the Second Department wrote: “In a slip-and-fall case, a plaintiff’s inability to identify the cause of the fall is fatal to the cause of action because a finding that the defendant’s negligence, if any, proximately caused the […]
In determining a student’s special education aide, who was standing nearby when the 8-year-old student suddenly placed his fingers inside the hinged side of a bathroom door (thereby immediately suffering injury), could not be liable for negligent supervision, the Second Department wrote: “Schools are under a duty to adequately supervise the students in their charge […]
In a full-fledged opinion by Justice Richter, the First Department determined the New York City Administrative Code provision which imposed a $2000 fine for the removal of recyclable material from the curb violated the Eighth Amendment as applied. The code provision was designed to prevent large scale removal of recyclable material which deprived the City […]
The First Department noted that the one-year deadline for a motion to vacate a default judgment (CPLR 5015) was never triggered because the record included no proof that the notice of entry of the default judgment was served. Gottlieb v Northriver Trading Co, LLC, 2013 NY Slip Op 03618, 1st Dept, 5-21-13
In holding that an attorney’s letter sufficiently stated “time of the essence,” the First Department wrote: “A party need not state specifically that time is of the essence, as long as the notice specifies a time on which to close and warns that failure to close on that date will result in default”… . [The […]
The Fourth Department determined the sentence of a determinate term of incarceration for 2 ½ years for criminal possession of marijuana in the second degree was unduly harsh and severe. The sentence was reduced to 1 ½ years. People v Hirsh, KA 12-00043, 4th Dept, 5-17-13
In a full-fledged opinion by Justice Acosta, the First Department determined that the “City of New York’s decision to not apply an increased-take-home-pay (ITHP) benefit to police officers and firefighters placed into Tier III of the retirement system after July 1, 2009, and to continue deducting 3% of their wages towards their retirement benefits, violates […]
The First Department determined the teachers’ and school administrators’ unions’ grievances concerning staff cuts inherent in the Department of Education’s (DOE’s) plan to close 24 underperforming schools were arbitrable, rejecting the DOE’s argument. The arbitrator ruled the plan violated the collective bargaining agreement’s (CBA’s) requirements that staff cuts be done on the basis of seniority: […]
In reversing Family Court’s grant of the mother’s petition to modify a prior order of custody, the Third Department determined the children’s hearsay statements alleging abuse by the father was not corroborated, and therefore could not form the basis of a modification of custody: Inasmuch as Family Ct Act § 1046 (a) (vi) is applicable […]
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