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 […]
The Second Department explained the elements of retaliatory termination as follows: Pursuant to Executive Law § 296, it is unlawful to retaliate against an employee because he or she opposed statutorily forbidden discriminatory practices …. To make a prima facie showing of retaliation under Executive Law § 296, a claimant is required to show that […]
The defendant claimed that his confession was involuntary because he was physically abused by the interrogating officer (O’Leary). After his conviction for depraved indifference murder the defendant brought a motion to vacate the conviction on the ground that the interrogating officer had been sued for allegedly extracting a false confession and the prosecution did not […]
In affirming Supreme Court’s determination that petitioner (who pled nolo contendre to a sex offense in Florida and was registered as a sex offender in Florida) must register as a sex offender in New York (upon moving to New York), the Second Department wrote: SORA provides that any “sex offender” must comply with its provisions […]
The Second Department affirmed Supreme Court’s determination that a guarantee which stated “if any defects in manufacturing, materials or workmanship occurred within 10 years the product would be repaired, replaced or purchase price refunded” was not a warranty which extended to future performance within the meaning of UCC 2-725[2]. The four-year UCC statute of limitations […]
In a complicated breach of contract action arising out of construction projects for defendant school district, the Second Department determined contribution and indemnification were unavailable for purely economic loss from breach of contractual obligations (CPLR 1401, 1403, 3019). In addition, the Second Department determined that the need to file a notice of claim pursuant to […]
After noting that a cause of action for fraud does not lie when it is based on the same allegations stated in a breach of contract cause of action, the Second Department explained the pleading requirements in a fraud action, including the need for “detail,” as follows: A cause of action to recover damages for […]
In finding that the funds held in a bank account in the name of “Ann Sledjeski or Thomas Sledjeski” should have been turned over to pay Thomas Sledjeski’s debt, the Second Department wrote: The Supreme Court should have granted the unopposed petition pursuant to CPLR 5225(b) to direct Hudson City Savings Bank to turn over […]
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