Plaintiff had signed a release of liability in connection with a one-hour skydiving course. Before the course could be given, the plane crashed and plaintiff was injured. In moving to dismiss the complaint, the defendants argued that General Obligations Law 5-326, which renders releases issued by “places of recreation” void, did not apply. The motion […]
In reversing the motion court and granting summary judgment to defendant car dealership, the Fourth Department (over a dissent) determined that defendant dealership was not the owner of the vehicle involved in the accident, and therefore could not be held vicariously liable under Vehicle and Traffic Law 388. Defendant’s employee (the daughter of the owner) […]
Plaintiff was standing on a barrel performing work for his employer. In reaching for a tool he grabbed onto some bricks on a column. The bricks came loose and plaintiff lost his balance and fell. Plaintiff sued the parties responsible for installing the bricks six years before (pursuant to a contract with the employer). In […]
The Court of Appeals (with a dissent) held that a question of fact about when an accident occurred had been raised by plaintiff’s verified pleadings. The defendant submitted evidence the accident occurred on February 5, making plaintiff’s action untimely. Plaintiff’s verified pleadings stated the accident occurred on February 10, making plaintiff’s action timely. In light […]
In finding that a 10-year warranty on windows and doors did not extend the relevant statute of limitations, the First Department wrote: Although initially it may seem somewhat unfair for defendant to have given plaintiffs a 10-year warranty and then argue that plaintiffs cannot sue for breach of warranty at any time during that 10-year […]
The First Department affirmed the grant of class certification in a landlord-tenant action finding that plaintiff’s rent overcharge claim and attorney’s-fees claim did not seek “penalties” in violation of CPLR 901. There was a dissent. The First Department wrote: Although plaintiff did not waive her right to reimbursement for alleged overcharges and interest, these claims […]
The First Department reversed the dismissal of a putative class action by tenants against a landlord alleging the landlord deregulated the apartments while receiving tax incentive benefits from the city. Because the tenants waived the statutory treble damages provision, the First Department determined that the case no longer involved “penalties” and was therefore not precluded […]
The First Department upheld Supreme Court’s grant of class certification in an action alleging defendant landlord charged market rents while accepting J-51 [tax incentive] benefits. The First Department wrote: The issues of when defendant received J-51 benefits, whether defendant deregulated apartments while receiving those benefits, which tenants resided in those apartments during those time periods, […]
The Court of Appeals, in a full-fledged opinion by Judge Read, determined that the phrase “depraved indifference to human life” as it is used in Social Services Law 384-b(8)(a)(i) to define when a child has been “severely abused” does not have the meaning ascribed to the same phrase under the Penal Law. In addition, the […]
In reversing Family Court’s grant of visitation rights to the children’s grandmother (more than what the mother wanted to allow), the Third Department wrote: Where, as here, the parents of children are alive, Domestic Relations Law § 72 gives grandparents the right to seek visitation with their grandchildren where, as a threshold matter, they can […]
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