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 […]
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 […]
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