The First Department reversed Surrogate’s Court’s dismissal of undue influence and constructive fraud causes of action against an attorney who was the beneficiary of a one million dollar trust account created by the decedent. In finding questions of fact had been raised concerning both causes of action, in part concerning whether the attorney had misrepresented […]
The First Department determined the plaintiff did not raise a question of fact about whether a police officer drove his vehicle (which collided with plaintiff’s) in “reckless disregard for the safety of others,” finding plaintiff’s allegations “conclusory and speculative.:” Defendants’ proof established that defendant Steve Tompos, a police officer, did not act in “reckless disregard […]
In finding the sentencing court used the wrong “mitigating” factors to determine whether the sentence for bail jumping could run concurrently with the sentence for the underlying felony, the Third Department wrote: Penal Law § 70.25 (2-c) restricts a court’s sentencing discretion when a person who is convicted of bail jumping in the second degree […]
In annulling a determination by the Central Office Review Committee (CORC) that the petitioner (an inmate) must document his Native American ancestry before he will be allowed to practice his religion, the Third Department wrote: It has been recognized that correction officials may impose restrictions on the religious practices of inmates provided that such restrictions […]
The Third Department upheld the disqualification of an unemployment-insurance claimant who refused a temporary job offer because the pay was lower than at his previous temporary job and a 20-mile commute was required: “A claimant who refuses to accept a job for which he or she is reasonably suited by training and experience will be […]
After a doctor diagnosed claimant with job-related stress and authorized a month’s leave from work, claimant resigned from his job. The Third Department affirmed the Unemployment Insurance Appeal Board’s finding claimant was not eligible for unemployment insurance on the ground he left his employment without good cause: It is well settled that general dissatisfaction with […]
In this case the insurer [Tower] disclaimed coverage because it was not given notice of the claim. The Second Department determined that both the insured [Xu] and the injured party [Gomez] had a duty to inform the carrier of the incident: The question before us is whether Tower may be required to afford coverage to […]
In finding claimant’s failure to give timely written notice of her injury to her employer was excused, the Third Department wrote: While claimant did not give timely written notice of her injury, her failure to do so may be excused “on the ground that notice could not be given, the employer or its agent had […]
Finding that issues of fact had been raised about whether the plaintiff was acting within the scope of his employment (thereby making Workers’ Compensation his only remedy), the First Department wrote: Defendant contends that workers’ compensation benefits are plaintiff’s exclusive remedy for the injuries he sustained when he was struck by the truck defendant was […]
The motion court awarded child support from the father to the mother, who, by virtue of the motion court’s schedule, did not have custody of the child the majority of the time. In a full-fledged opinion by Justice Richter, including a dissent, the First Department reversed the motion court, finding that the award of child […]
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