In finding Family Court did not have a sufficient basis to determine the mother failed to substantiate her income in a child support proceeding, the Second Department wrote: The Support Magistrate improperly awarded child support based on the needs of the child rather than the mother’s income, upon concluding that the mother failed to substantiate […]
The Second Department, in the interest of justice, determined the sentencing court should not have imposed restitution because restitution was not addressed in the plea agreement. The matter was remitted for re-sentencing without restitution. People v Thompson, 2013 NY Slip Op 02770, 2nd Dept, 4-24-13
In reversing a conviction because the trial court committed a “mode of proceedings” error (not requiring preservation) by not following the procedure mandated in Criminal Procedure Law 310.30 (re: notes sent out by the jury during deliberations), the Second Department explained: “Specifically, the Court of Appeals has held that whenever a substantive written jury communication […]
Rockland County sought bids for public bus transportation. The respondent, Brega Transportation Corporation [hereinafter “Brega”], protested the county’s bid specifications as exclusionary and discriminatory and Supreme Court agreed. The Second Department reversed Supreme Court’s determination that Rockland County’s Invitation to Bid for Transit Operations and Maintenance [hereinafter “RFB”] violated Municipal Law 103. After explaining the […]
In determining that a material misrepresentation (i.e., no roofing work would be done) allowed the rescission of an insurance policy, rendering the policy void ab initio, the Second Department wrote: “To establish the right to rescind an insurance policy, an insurer must show that its insured made a material misrepresentation of fact when he or […]
The Second Department determined Supreme Court erred by not holding a hearing to determine whether the respondent was an “insured” within the meaning of an automobile insurance policy. Noting that a person can have more than one residence for insurance purposes, the Second Department wrote: The endorsement defines an insured as, inter alia, any relative […]
In affirming the dismissal of a personal injury complaint the Second Department noted that defendant store-owners were “not required to cover all of [their] floors with mats, nor to continuously mop up all moisture resulting from tracked-in rain” … . Valentin v Shoprite of Chester, 2013 NY Slip Op 02739, 2nd Dept, 4-24-13 SLIP AND FALL
The Second Department reversed the trial court’s deeming a late notice of claim as timely served nunc pro tunc. The claim was against the New York Health and Hospitals Corporation (HHC) which is not the same as the City of New York for purposes of a notice of claim. The Second Department wrote: The Supreme […]
In affirming the grant of leave to file a late notice of claim in the absence of a reasonable excuse, the Second Department wrote: Here, the Fire Island Union Free School District (hereinafter the District) acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose …. Immediately after […]
The Second Department determined the city’s failure to submit proof it had not received notice of a defective condition precluded summary judgment in the city’s favor: As the party moving for summary judgment, in order for the defendant City of New York to demonstrate its prima facie entitlement to judgment as a matter of law […]
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