A prisoner’s failure to object or raise any procedural issues before the Hearing Officer renders any such issues unpreserved for judicial review. In the Matter of Austin v Fischer, 514568, 3rd Dept. 3-7-13
“It is well settled that an inmate has a conditional right to call witnesses at a disciplinary hearing provided their testimony would not jeopardize institutional safety or correctional goals… . ‘[A] hearing officer’s actual outright denial of a witness without a stated good-faith reason, or lack of any effort to obtain the requested witness’s testimony, […]
In this foreclosure action, the Third Department determined failure to raise plaintiff’s lack of standing in either the answer or the pre-answer motion to dismiss the complaint constituted a waiver of the defendant’s standing argument. HSBC Bank USA v Ashley, 513730, Third Dept. 3-7-13
In reversing the trial court’s grant of a motion to set aside the verdict, the Second Department determined that the violation of an Administrative Code concerning stairway handrails could have been a factor in the injuries to the plaintiff. The plaintiff tried to stop his fall down a stairway but could not grab the handrail […]
“Where a municipality has enacted a prior written notice law, it may not be subjected to liability for injuries arising from a dangerous roadway condition unless it has received prior written notice of the dangerous condition, or an exception to the prior written notice requirement applies… . The only recognized exceptions to the statutory prior […]
“ ‘[I]n general, a hospital cannot be held vicariously liable for the negligence of a private attending physician’ … . Further, a hospital cannot be held concurrently liable with such a physician unless its employees commit independent acts of negligence or the attending physician’s orders are contraindicated by normal practice…’ “. Aronov v Soukkary, 2012-00155, Index […]
The Second Department reversed the trial court’s denial of a motion pursuant to CPLR 4404 to set aside the jury verdict. The issue was whether the plaintiff had proven he sustained “serious injury” within the meaning of Insurance Law 5102(d). The plaintiff had a bulging or herniated disk but did not provide objective proof of […]
The Second Department explained: “ ‘ A mortgagee may have an erroneous discharge of mortgage, without concomitant satisfaction of the underlying mortgage debt, set aside, and have the mortgage reinstated where there has not been detrimental reliance on the erroneous recording’ … .Only bona fide purchasers and lenders for value are entitled to protection from […]
The Second Department determined Family Court’s failure to hold a hearing to determine the mother’s petition for custody, and the Court’s failure to advise the father that he had the right to counsel, required reversal of the grant of custody to the mother. In the Matter of Savoca v Bellofatto, 2012-02935, Docket No V-22033-11, Second Dept […]
The record-keeping requirement in an insurance policy was a condition precedent. “Here, the defendant established its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff failed to comply with the record-keeping requirement set forth in the subject insurance policy, which was a clear condition precedent to coverage … […]
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