In this slip and fall case, the Second Department explained the circumstances under which a snow-and-ice-removal contractor can be held liable for injuries to third parties: Generally, “a limited contractual obligation to provide snow removal services does not render the contractor liable in tort for the personal injuries of third parties” … . However, there […]
In reversing the trial court’s grant of summary judgment to the plaintiff on the issue of liability, the Second Department determined there was a question of fact concerning whether the defendant school district adequately supervised students (the plaintiff was assaulted by another student): “Schools are under a duty to adequately supervise the students in their […]
he First Department determined a worker was entitled to partial summary judgment on a 240(1) claim based on a falling pipe striking him in the head. The fact that the worker was not wearing a hard hat did not raise a triable issue of fact on the 240(1) claim: The evidence demonstrates that plaintiff, a […]
In finding that an oral partnership agreement was dissolvable at will because no “definite term” or “particular undertaking” was included, the Court of Appeals, in a full-fledged opinion by Judge Graffeo, wrote: …[W]e believe that [the] complaint lacks a fixed, express period of time during which the enterprise was expected to operate. Instead, the complaint […]
The defendants in a medical malpractice action were granted summary judgment finding that any departures from the standard of care were not the proximate cause of plaintiff’s injuries. The Court of Appeals reversed because the defendants’ experts did not address proximate cause in their affidavits in support of the summary judgment motion. The defendants therefore […]
In a full-fledged opinion by Judge Read, the Court of Appeals determined that a grant of property takes place only when the deed is (1) delivered and (2) accepted. There was a foreclosure sale. In order to obtain a judgment for the deficiency between the amount of the foreclosed loan and the actual foreclosure sale […]
In reversing the trial court, the Second Department determined a medical malpractice complaint should have been dismissed based on the unambiguous language of a release signed by the plaintiff: The action should have been dismissed as against defendants-appellants based on the unambiguous language in the release, which clearly intended to put an end to the […]
Defendant brought a motion pursuant to Criminal Procedure Law Article 440 to vacate his conviction on the ground that he was deprived of effective assistance of counsel. Defendant’s attorney was “of counsel” to the law firm of the attorney who represented a co-defendant. The co-defendant agreed to testify against the defendant in return for a […]
In a search, the defendant’s computer and camera were seized. Based on a picture found on the computer, the defendant pled guilty to possessing a sexual performance of a child. After his sentence was served and after the time to appeal had elapsed defendant’s attorney contacted the prosecutor and asked for defendant’s seized camera to […]
In another “sexual abuse” opinion by Judge Pigott, the Court of Appeals, as it did in People v Diaz (decided the same day), determined the expert’s testimony about Child Sexual Abuse Accommodation Syndrome, which included explanations about how an abuser gains the trust of the victim and encourages secrecy, etc., was admissible. But here the […]
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