In affirming the dismissal of a complaint alleging slander per se based upon the accusation defendant had committed trespass, the Third Department explained: A statement will fall into one of the four categories of slander per se when it is so noxious and injurious by nature that the law presumes that pecuniary damages will result […]
The Court of Appeals, in a full-fledged opinion by Judge Smith, held that “employees of the [NYC] Department of Education who are sued for using corporal punishment are entitled to a defense provided by the City, even though the employees’ conduct violated a State regulation.” Judge Smith wrote: …[W]e conclude that the authors of Education […]
In a full-fledged opinion by Justice Acosta (with a dissent), the First Department held that payment, by the respondent investment fund, of an arbitral award in stocks as opposed to cash required a hearing to determine the value of the stocks. The First Department outlined its role where the satisfaction of an arbitral award which […]
The First Department reversed Supreme Court’s denial of summary judgment and held that the accident was unforeseeable as a matter of law. The plaintiff fell off a “setback roof” which was accessible only by climbing through the window of plaintiff’s friend’s apartment: An accident is unforeseeable as a matter of law where the conduct or […]
Plaintiff’s car was side-swiped by defendant’s van when the van was in a merging lane called a taper. The taper was 100 feet shorter than required. In affirming summary judgment to the defendants responsible for constructing the taper, the First Department determined the van was the sole proximate cause of the accident: The Supreme Court […]
In a personal injury action, the fact that consolidation of two actions arising from the same accident will result in the jury learning of the existence of insurance did not warrant the denial of the motion to consolidate. The Second Department wrote: The trial court has broad discretion in determining whether to order consolidation … […]
In upholding the validity of a contractual forum selection clause, the Second Department wrote: “Although once disfavored by the courts, it is now recognized that parties to a contract may freely select a forum which will resolve any disputes over the interpretation or performance of the contract” … “A contractual forum selection clause is prima […]
The Second Department held that a shortened statute of limitations agreed to in an employment contract was enforceable: “The parties to a contract may agree to limit the period of time within which an action must be commenced to a period shorter than that provided by the applicable statute of limitations” (…see CPLR 201…). “ […]
In finding the action against a construction manager should have been dismissed because the construction manager had not been delegated the responsibilities of a general contractor, the Second Department wrote: “Although a construction manager is generally not considered a contractor responsible for the safety of the workers at a construction site . . . it […]
In reversing Family Court’s determination the best interests of the child did not permit the mother’s relocation, the Second Department wrote: After weighing the appropriate factors set forth in Matter of Tropea v Tropea …, we find that the mother established by a preponderance of the evidence that the children’s best interests would be served […]
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