The Second Department explained the obligation of the owner of an owner-occupied, two-family, residential house with respect to the removal of ice and snow from the abutting sidewalk: Since the defendants’ property, a two-family house, was owner-occupied and used exclusively for residential purposes, the defendants were exempt from liability imposed pursuant to Administrative Code of […]
The Second Department affirmed the dismissal of an action brought by a student against his college alleging a failure to supervise a fraternity’s “pledging” activities (resulting in personal injuries). The Court wrote: “Absent a duty of care, there is no breach, and without breach there can be no liability” …. The existence of a legal […]
The Second Department explained that the doctrine of res ipsa loquitur makes out a prima facie case of negligence but the jury is not required to draw the permissible inference of negligence, even where the defendant offers no proof: The doctrine of res ipsa loquitur permits an inference of negligence to be drawn solely from […]
In reversing the grant of summary judgment to the defendant in a slip and fall case, the Second Department explained the controlling law with respect to ice and snow on a municipal sidewalk abutting private property as follows: Section 7-210 of the Administrative Code of the City of New York, which became effective September 14, […]
The First Department annulled a determination denying petitioner’s renewal application for a stationary engineer license finding no rational basis for the denial. Petitioner had been convicted of participating in a kickback scheme. The First Department noted that the equipment maintenance responsibilities of a stationary engineer were not implicated by the conviction. The First Department wrote […]
The Court of Appeals reversed the Appellate Division and granted defendant’s writ of coram nobis finding a conflict of interest on the part of defendant’s counsel, of which defendant was never made aware, amounted ineffective assistance. Defendant’s appellate counsel had represented a co-defendant, Martin, who testified against the defendant at his trial. During sentencing of […]
In reversing the Appellate Division, the Court of Appeals determined a Superior Court Information (SCI) was not jurisdictionally defective because it named victims not identified in the felony complaint. The defendant-respondent was charged with grand larceny based on his use of two persons’ identities to procure mortgages to purchase two properties. Those “identity theft” victims […]
The Court of Appeals, over a substantial dissent by Judge Lippman, determined that a note from a juror to the judge, prior to deliberations, did not raise the question whether the juror was “grossly unqualified” and therefore did not trigger the need for an in camera interview of the juror pursuant to People v Buford, […]
The main issue in this case was whether nearly daily incidents of sexual molestation of a minor by a priest in the Roman Catholic Diocese of Brooklyn, spanning six years, should be considered a single “occurrence” or separate “occurrences” within the meaning of the relevant insurance policies. If considered separate occurrences, then the deductible for […]
The Fourth Department determined the trial court should have set aside defendant’s criminal contempt convictions pursuant to Criminal Procedure Law 330.30(3) based upon newly discovered evidence (phone records calling into question complainant’s trial testimony). The Fourth Department wrote: To set aside a verdict pursuant to CPL 330.30 (3), a defendant must prove that “there is […]
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