The board of managers of a condominium complex successfully challenged the town valuation of the property for real estate tax purposes. The town appealed and the Fourth Department affirmed (with two justices dissenting). The lengthy decision includes detailed discussions of the nuts and bolts of commercial property tax assessments, including the determination of the capitalization […]
An arbitrator’s interpretation of a collective bargaining agreement was vacated by the trial court. The Fourth Department reversed and confirmed the arbitration award. The decision includes a substantive discussion of the criteria that must be met before an arbitration award can be disturbed by a court. “[A]n arbitrator’s rulings, unlike a trial court’s, are largely […]
There is no common-law cause of action for the negligent provision of alcohol. Under General Obligations Law section 11-100, liability for furnishing alcohol is triggered only if the person who unlawfully received the alcohol causes injury. In this case, a clerk in a convenience store sold alcohol to a 17-year-old with a fake ID who […]
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 […]
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 […]
Plaintiff brought a Labor Law and common law negligence action based upon the allegation that a 1 1/2 inch depression in a marble step at the Buffalo City Hall caused him to slip. At the time of the accident, plaintiff was employed by a subcontractor which had been hired by defendant company. The defendant company […]
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 […]
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)). […]
A new trial was ordered and the defendant’s motion to suppress identification evidence was granted by the Second Department. A police radio broadcast described a robbery in progress by two males wearing black jackets, one wearing blue jeans, the other wearing black jeans. The complainant described the robbers only as “wearing dark clothing,” one taller […]
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 […]
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