In reversing the Family Court’s award of sole custody to the mother without a hearing, the Second Department wrote: Here, the Family Court did not possess adequate relevant information to enable it to make an informed and provident determination as to the children’s best interest so as to render a hearing unnecessary. Indeed, the court […]
In reversing Family Court’s grant of visitation to the children’s grandmother, the Second Department wrote: A court determining a petition for grandparent visitation under Domestic Relations Law § 72(1), must undertake a two-part inquiry. First, it must determine whether the grandparent has standing to petition for visitation rights based on the death of a parent […]
In dismissing a medical malpractice action which was based upon a physician’s alleged failure to detect a medical condition from the review of a sonogram, a condition which may have caused the parents to terminate the pregnancy, the Second Department reviewed the available damages in such an action. Ultimately the Second Department determined that the […]
The plaintiff was a passenger in a car which was involved in an accident, injuring plaintiff. Plaintiff sued the driver of the car she was in (Pistorino). Based on the finding that Pistorino had violated the Vehicle and Traffic Law by making a left turn in front of an oncoming car driven by defendant Allen, […]
In reversing a conviction because of the trial court’s refusal to consider an “untimely” peremptory challenge, the Second Department wrote: During the second round of voir dire, after questioning of the second group of prospective jurors was completed and each side had exercised challenges for cause, the Supreme Court asked defense counsel if he wished […]
The First Department, in a full-fledged opinion by Justice Saxe, determined that an insurance police which covered the original one-story building did not cover the additional floors subsequently under construction. In a full-fledged opinion by Justice Saxe (with a dissent), the First Department wrote: “Coverage cannot be afforded on liability for which insurance was not […]
Smoke from defendant Moore’s fireplace was entering a neighbor’s (Trager’s) home. Trager sued Moore and the defendant company (B & P) hired by Moore to fix their fireplace. The motion court dismissed the cause of action against B & P. The First Department reinstated the cause of action against B & P finding that Trager […]
In reversing the trial court’s dismissal of a medical malpractice complaint, the First Department wrote: In this medical malpractice appeal, defendants do not dispute that they departed from the accepted standard of care by incorrectly informing plaintiff that her April 9, 2007 PET scan was negative for recurrent cancer and not correcting that misinformation until […]
The First Department determined the “pierce the corporate veil” causes of action should be dismissed, applying the usual “pierce the corporate veil” criteria in a “fraudulent conveyance” case: “In order for a plaintiff to state a viable claim against a shareholder of a corporation in his or her individual capacity for actions purportedly taken on […]
The Third Department upheld Supreme Court’s determination that the petitioner had stated a cause of action in his Article 78 proceeding for bad faith abolishment of his tenured Assistant Superintendent position. The Third Department noted that the proper criteria for analysis in this Article 78 proceeding is the same as in a pre-answer motion to […]
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