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Entries by Bruce Freeman

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A Shooting Victim’s Negligence and Public Nuisance Actions Against the Manufacturer, Distributor and Resellers of Firearms Is Allowed to Go Forward.

Back in October, 2012, in a full-fedged opinion by Justice Peradotto, the Fourth Department reversed Supreme Court’s dismissal of a complaint brought by a shooting victim which alleged negligence, public nuisance and intentional-violation-of-gun-laws causes of action against the manufacturer, distributor and resellers of firearms.  (Williams v Beemiller, Inc., et al, 100 AD3d 143). Reargument was […]

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Knowledge of Dangerous Condition May Make Owner Liable Even Where Owner Exercises No Supervisory Control Over Contractor’s Operation.

The Fourth Department held: “ ‘It is settled law that where the alleged defect or dangerous condition arises from the contractor’s methods and the owner exercises no supervisory control over the operation, no liability attached to the owner under the common law or under section 200 of the Labor Law …’.  Defendant, however, may be […]

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Single Policy Limit Held to Apply to Successive Tenants in Lead-Paint-Tainted Apartment.

In a full-fledged opinion by Justice Smith, the Fourth Department discussed the liability-limits of an insurance carrier for injuries caused to children by lead paint in the insured apartment.  The policy, which had a $500,000 limit, included the following sentence:  “All bodily injury and property damage resulting from one accidental loss or from continuous or […]

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Right to Counsel.

In a proceeding pursuant to part three, article six of the Family Court Act to allow a mother visitation with her child in her home, the Fourth Department determined the grandmother, who had primary physical custody of the child, should have been advised of her right to assigned counsel (Family Court Act section 262 (a)(iii)).  […]

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Queens County District Attorney’s Standard “Preamble” to the Miranda Warnings Struck Down.

In a full-fledged opinion by Justice Skelos, the Second Department struck down a so-called “program” which had been put in place by the Queens County District Attorney’s Office.  Pursuant to the “program,” a “preamble” was read to the defendant just before the Miranda warnings were given.  The Second Department determined the preamble rendered the Miranda […]

Criminal Impersonation—Falsely Attributed E-Mails.

Defendant was convicted of criminal impersonation (and other offenses) because he sent e-mails which he falsely attributed to scholars who disagreed with the defendant’s father, an expert on the Dead Sea Scrolls.  The First Department explained why the defendant’s falsely-attributed e-mails were not protected by the First Amendment: “Defendant was not prosecuted for the content […]

Flight Elevated Level of Suspicion and Justified Pursuit.

The police received a late-night report that three men had committed a robbery and fled into a park. At the park, the police saw the defendant and two other men.  The defendant’s flight upon seeing the officers, who were in plainclothes and were getting out of an unmarked police car, “elevated the level of suspicion […]

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Spoliation, Discovery Abuse Sanctions, Equitable Estoppel.

In a full-fledged opinion by Justice Richter discussing a breach of contract case with a convoluted history, the First Department dealt with the spoliation of evidence and the appropriate sanctions for spoliation under the CPLR.  It was alleged that a document was deliberately scorched so its authenticity could not be determined by scientific tests.  The […]

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