The issue before the Fourth Department was whether an action against the North Bailey Volunteer Fire Co alleging discrimination and tort causes of action must be preceded by a notice of claim pursuant to Municipal Law 50-e. The Court concluded that, because the volunteer fire company was a “fire protection district,” it was part of […]
In upholding the lower court’s determination that a matter involving “shift swapping” in the sheriff’s department was subject to arbitration even though the topic was not directly covered by the collective bargaining agreement (CBA), the Fourth Department wrote: In determining whether the parties agreed to arbitrate the dispute at issue, “[o]ur review . . . […]
In this case the plaintiff alleged his injuries were the result of exposure to coal tar pitch and asbestos “while employed as a laborer in the carbon electrode industry.” The complaint separated the defendants into two groups, three companies were named with respect to the coal tar pitch (the appellants), and the other defendants were […]
Pursuant to a divorce, plaintiff was entitled to a share of her husband’s pension benefits starting in 1991. Plaintiff did not start receiving the payments until 2005. She did not bring an action on the unpaid benefits between 1991 and 2005 until 2010. The Fourth Department determined that a cause of action for the unpaid […]
In this case the Fourth Department determined the court could not require petitioner, a parolee, to provide psychological and medical proof in support of a petition for a name change. The Fourth Department wrote: …[W]e agree with petitioner that the court erred in requiring him to provide psychological and medical proof in support of the […]
In finding the defendant failed to demonstrate a non-negligent reason for his striking the plaintiff’s vehicle from behind (in defendant’s motion for summary judgment), the Fourth Department explained: A rear-end collision with a vehicle that is stopped or is in the process of stopping ‘creates a prima facie case of liability with respect to the […]
In a lead-paint injury case, the Fourth Department determined Supreme Court properly granted a motion to preclude evidence of plaintiff’s mental or physical condition unless plaintiff provided defendant with so-called “speaking authorizations” allowing defendant to communicate with non-party healthcare providers about the plaintiff’s injuries. However, the Fourth Department did not agree with Supreme Court’s grant […]
In a lead-paint injury action, defendants moved to compel plaintiff to produce medical reports linking the injuries to lead and to provide an amended bill of particulars to reflect those injuries. In the alternative the defendants moved to preclude proof of plaintiff’s injuries in the absence of such medical reports. Supreme Court granted the defendant’s […]
The Fourth Department determined the trial court properly ruled that the defendant’s statements during the first 15 hours of a 60-hour interrogation need not be suppressed as the product of coercion. People v Collins, KA 09-00932, 1367, 4th Dept, 5-3-13 SUPPRESS, SUPPRESSION
The Fourth Department ruled that suppression of tangible evidence and statements should have been granted because the People failed to meet their burden of going forward at the suppression hearing by demonstrating the legality of the police conduct. The Fourth Department further determined that the error was not harmless with respect to all but one […]
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