The First Department affirmed the grant of summary judgment to the defendant finding that the plaintiff basketball player assumed the risks associated with playing basketball on defendant’s outdoor court: Plaintiff, an experienced basketball player who had played on the subject court on numerous occasions, was injured when, while heading toward the rim to take a […]
In reversing the adverse-possession ruling in favor of the plaintiffs, because the proof showed only non-exclusive, sporadic and incomplete use of the land, the Third Department wrote: …[W]e conclude that plaintiffs’ vague testimony did not establish by clear and convincing evidence that they ever cultivated and improved the entire .17 acre of the disputed area, […]
The investigatory powers of the NYS Commission on Public Integrity were at the heart of this case. The Commission was investigating allegations the petitioner (the Chief Executive Officer of the State University of New York Research Foundation) provided a job to the daughter of a prominent politician for which she was not qualified and did […]
In a full-fledged opinion by Justice Stein, the Third Department upheld the grant of a petition pursuant to the Eminent Domain Procedure Law (EDPL) to acquire a public access easement over private land abutting a recreation area on land owned by a hydroelectric facility. The condemnation proceeding was triggered when the owner of the private […]
In affirming Supreme Court’s determination that petitioner’s Adirondack land had been over-valued for property tax purposes, the Third Department thoroughly examined the appraisal techniques employed and explained the review process as follows: …[W]e find that petitioner rebutted the presumption of validity of the disputed tax assessments, by presenting a detailed competent appraisal by a qualified […]
In a full-fledged opinion by Justice Mazzarelli, the First Department upheld an arbitrator’s award which had been confirmed by Supreme Court. The issue at the heart of the case was whether the fact that the petitioner’s interior and architectural design business did not have a license to practice architecture warranted a finding that a contract […]
In upholding Supreme Court’s determination that the petitioner did not have standing to bring the judicial dissolution action because 50% ownership of the corporation stock (by the petitioner) was not demonstrated, the Third Department explained the relevant review process: As the party seeking judicial dissolution of the corporation, petitioner bore the burden of demonstrating by […]
In upholding Supreme Court’s determination that a cause of action for common-law indemnification should not be dismissed, the Third Department explained: Common-law indemnification …is a quasi-contract claim in which a contract is implied in law in order to avoid unjust enrichment, accomplished by shifting a loss by “placing the obligation where in equity it belongs” […]
In finding the arbitration clause in a contract valid, the Third Department explained the criteria for an “unconscionable” contract as follows: As to the crux of petitioner’s appeal – that the contracts at issue are unconscionable and/or constitute contracts of adhesion – “an unconscionable contract [is] defined as one which is so grossly unreasonable as […]
The Third Department upheld an in-court stipulation concerning a mortgage foreclosure action that was entered without counsel: Open court stipulations of settlement are highly favored, binding on the parties and strictly enforced, and generally will not be cast aside absent a showing of “fraud, collusion, mistake or accident” … .The fact that a party was […]
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