In finding the trial court abused its discretion in granting plaintiff’s motion for leave to file a late notice of claim, the Second Department noted that (1) serving the wrong party, i.e., law office failure, was not an acceptable excuse, (2) there was no demonstration by the plaintiffs that the (potential) defendant had actual knowledge […]
In affirming the granting of a petition to file a late notice of claim, in spite of the absence of a reasonable excuse for a timely filing, the Second Department wrote: …[T]he City defendants acquired actual knowledge of the essential facts constituting the claim within 90 days after the claim arose, as indicated by an […]
The plaintiff’s sued in negligence based on the defendants’ dishonoring of a cashier’s check. The Second Department affirmed the dismissal of the negligence counts: The plaintiff’s first three causes of action were premised upon the theory that it suffered damages as a result of the defendants’ negligence. “To establish a cause of action sounding in […]
The First Department determined plaintiff’s fall from a metal roof did not meet the criteria for a Labor Law 240(1) because attaching a temorary sign was not “altering” for purposes of the statute. In addition the First Department determined the Labor Law 200 and common-law negligence actions should be dismissed because the risks inherent in […]
The Court of Appeals, in a full-fledged opinion by Judge Pigott, determined that a collective bargaining agreement entered into by the City of Yonkers Fire Fighters was not “in effect” within the meaning of Article 22 of the Retirement and Social Security Law. For some purposes, the Retirement and Social Security Law deems a collective […]
The appellate division determined the trial court had abused its discretion in discharging defendant’s attorney and that the issue had not been forfeited by defendant’s guilty plea. In affirming the appellate division, the Court of Appeals, in a full-fledged opinion by Judge Rivera, wrote: Here, the claim to counsel is so deeply intertwined with the […]
At the time defendant pled guilty to conspiracy, his 6-12 year sentence was to run concurrently with previously imposed 41/2 to 9 sentences (for class B felonies) and his understanding was that his minimum time in prison would be extended by only a year and a half. Subsequently the B-felony convictions were reduced to three […]
The Court of Appeals, in a full-fledged opinion by Judge Read, affirmed the appellate division’s reversal of 40 “criminal possession of a forged instrument” convictions that were based upon the defendant’s [Ippolito’s] signing checks using only the principal’s name without indicating he was signing pursuant to a power of attorney [POA]: Here, the POA (until […]
In a full-fledged opinion by Judge Smith, the Court of Appeals dealt with several issues in a multi-million dollar medical malpractice suit that had already gone through two trials. One of the issues was whether opposition to additur or remittitur with respect to the verdict in an intitial trial must be raised on appeal before […]
The First Department determined that summary judgment should not have been granted in favor of the defendant in a Labor Law 240 (1) action. Plaintiff was called to address flooding caused by severe weather and fell into an open manhole. The motion court granted the defendant’s motion for summary judgment finding that plaintiff was engaged […]
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