The procedure for extending a real property lien which is based on a New York money judgment was explained by the Second Department: Although a New York money judgment is enforceable for 20 years (see CPLR 211[b]), a real property lien resulting from the judgment is viable for only 10 years (see CPLR 5203[a]). For […]
One of the defendants in a personal injury action died. The plaintiff moved pursuant to CPLR 1015 to have Supreme Court appoint a temporary representative of the estate, and to have the temporary representative substituted for the deceased defendant. The defendants opposed the motion arguing that Surrogate’s Court was the appropriate forum for the appointment […]
The grandmother and mother of a seven-month-old were found to have neglected the child by briefly leaving the child unattended in the kitchen sink with the water running when the hot water “spiked” causing burns. The mother and grandmother moved to dismiss the petition pursuant to Family Court Act 1051 (c) on the ground aid […]
In affirming the denial of defendants’ motion for summary judgment, the First Department noted that an expert’s affidavit can be sufficient to raise a triable issue of fact even where the opinion is based entirely on the expert’s professional experience: “While an expert affidavit cannot be speculative, there is no threshold requirement in an ordinary […]
Plaintiff was injured in a fall from a chair. Plaintiff’s notice of claim specifically requested preservation of the chair. The defendant failed to preserve it. Plaintiff testified the chair was not broken. In reversing summary judgment granted to the defendant, the First Department determined that an expert could have found a latent defect in the […]
Plaintiff received an electric shock when he stepped on a metal manhole cover while crossing a street. Defendant was under contract with the city and was doing electrical work in the vicinity of the manhole. In reversing the trial court’s grant of summary judgment to the defendant, the First Department discussed the concept of res […]
A warrantless search of “every part of [defendant’s] vehicle” as well as a strip search of the defendant was upheld by the Third Department. The search of the vehicle was justified by the same evidence which provided probable cause for the arrest (a controlled drug purchase by a confidential informant). And the strip search was […]
In affirming the denial of a suppression motion, the First Department determined that the chain of events observed by the arresting officer before the stop of defendant’s vehicle led to the proper application of the “plain view” doctrine for the seizure of contraband. Defendant was seen going into a store (which was a frequent target […]
Although a condominium unit owner is not entitled under the Business Corporation Law to examine the books and records of a condominium, an unincorporated association governed by the Real Property Law, there is a common law right of a stockholder to examine the books and records of a corporation. Because the unit owners of a […]
Petitioners were the children of the grantors of a trust and were co-beneficiaries of the trust. The grantors of the trust were the beneficiaries’ mother and father. The mother died and respondent was the children’s stepmother. The children moved to dismiss the objections to the trust accounting made by the respondent-stepmother on the ground she […]
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