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 […]
In a full-fledged opinion by Judge Lippman, the Court of Appeals determined the Internet Tax (Tax Law 1101(b)(8)(vi) was constitutional on its face and did not violate either the Commerce Clause or the Due Process Clause. The plaintiffs in the action, Overstock.com and Amazon.com, sued the New York State Department of Taxation and Finance. The […]
In reversing the Surrogate’s Court verdict, the Third Department, in a decision by Justice Spain, determined that the existence of a confidential relationship with the decedent is a question of fact for the jury (Surrogate’s Court determined the existence of the relationship as a matter of law). In addition, because the matter is to be […]
In a decision by Justice Spain, the Third Department reversed the dismissal of a complaint alleging that solar panels installed on defendants’ residential property violated a restrictive covenant. The Third Department wrote: We reach a different conclusion, however, with respect to plaintiff’s assertion that the panels violate the second restrictive covenant in the deeds, which […]
In a decision by Justice Rick, the Third Department affirmed the adoption of a child without the consent of the biological father: A biological father’s consent to adopt a child over six months old who was born out of wedlock is required only if the father “maintained substantial and continuous contact with the child as […]
The Third Department, in a decision by Justice McCarthy, determined Family Court improperly amended the allegations in a neglect petition: On this record, summary judgment was improperly granted. Significantly, the petition as filed only alleges that respondent neglected the children as a result of the events surrounding respondent’s March 2011 arrest. Nevertheless, Family Court granted the […]
In affirming the grant of visitation to a grandparent (where both parents are living), the Third Department, in a decision by Justice Egan, wrote: Where a grandparent seeks visitation and, as is the case here, both of the child’s parents are living, Family Court first must ascertain whether “conditions exist which equity would see fit […]
The Third Department, in a decision by Justice Peters, determined that an expert in a custody matter could rely on information provided by caseworkers who where not subject to cross-examination: Initially, both the mother and the attorney for the children contend that the opinion testimony of Elizabeth Schockmel, the court-appointed forensic psychologist, should have been […]
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