The Third Department upheld the denial of World Trade Center Accidental Disability benefits to a policeman who claimed a 12-hour stint looking for survivors exacerbated his pre-existing condition (ulcerative colitis). The court determined the statutory presumption had been rebutted by the respondent and the petitioner failed to present sufficient evidence linking his condition to his […]
In finding that the notice requirements in a tax foreclosure proceeding had been met, the Third Department wrote: Tax foreclosure proceedings enjoy a presumption of regularity, such that “[t]he tax debtor has the burden of affirmatively establishing a jurisdictional defect or invalidity in [such] proceedings” … . In a tax foreclosure proceeding, each property owner […]
In annulling the ruling that petitioner (Carlos) was not entitled to “remaining family member (RFM)” status for the succession of his deceased mother’s apartment, the First Department wrote: We annul NYCHA’s [New York Housing Authority’s] determination on the ground that it is not supported by substantial evidence. While the agency correctly asserts that Carlos’s RFM […]
In this legal malpractice action, the trial court ruled plaintiff had raised issues of fact concerning whether his attorney failed to adequately investigate the plaintiff’s premises liability claim before encouraging the plaintiff to settle. In affirming the trial court, the First Department noted that the settlement agreement did not bar the legal malpractice action: For […]
Pursuant to a power of attorney granted to Williams, petitioners’ decedent’s assets were transferred to joint accounts with Williams and decedent on the accounts. Some of the funds were used by Williams for personal purposes. When decedent applied for Medicaid benefits to pay for nursing home care, the benefits were denied by the Department of […]
In a products liability case, the Third Department determined a question of fact had been raised about whether the parent company could be liable for the torts of a subsidiary. The relevant legal standard was described as follows: Liability of a parent company for the torts of a subsidiary does not arise from the mere […]
In affirming the NYS Public Service Commission’s approval of electricity/steam generation rates, the Third Department determined that the “long-term cost allocation method” did not qualify as a “rule” and therefore did not trigger the notice requirements of the State Administrative Procedure Act: The part of the order determining the long-term cost allocation method does not […]
In this medical malpractice case, the plaintiff alleged a delay in performing an emergency cesarean section resulted in oxygen-deprivation-injury to her baby. In affirming the denial of summary judgment to the hospital, the Third Department noted that the affidavits submitted on behalf of the hospital did not directly address with substantive facts the evidence of […]
In a medical malpractice action, plaintiff alleged her pediatrician [Walders] was negligent in failing to properly address the condition of her foot, which turned out to be a symptom of a disorder that went undiagnosed for many years. In upholding the trial court’s determination that the “continuing course of treatment” doctrine (which would toll the […]
The Third Department determined it has jurisdiction, pursuant to CPLR Art. 78, to review the denial of a request for reconsideration of a disciplinary determination by the Director of the Office of Professional Discipline (Department of Education): Preliminarily, we reject respondent’s assertion that our Court lacks original subject matter jurisdiction over this proceeding. Respondent relies […]
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