Plaintiff brought a cause of action for “fraudulent inducement” alleging she accepted employment with defendant hospital based on a false claim the hospital had “passed” a survey related to accreditation when, in fact, it had received only a “conditional accreditation status.” The Second Department determined that the fraudulent inducement cause of action must be dismissed […]
The defendant, who claimed to have been intoxicated at the time, threw bottles and plates off a 26th floor hotel balcony overlooking 7th Avenue during morning rush hour. He was convicted of first degree reckless endangerment, which requires a “depraved indifference to human life.” In affirming the conviction, the First Department, in a full-fledged opinion […]
The Third Department upheld the defendant’s rape conviction in a full-fledged opinion by Justice Spain. The case is interesting because it is a true “weight of the evidence” analysis where the appellate court conducted “a full review of the testimony adduced at trial,” acting in the role of a jury. There was a strong dissent […]
A waiver of the right to appeal is unenforceable where there is “no promise, plea agreement, reduced charge, or any other bargain or consideration given to the defendant in exchange for [her] plea…”. For that reason the Second Department determined defendant’s waiver of appeal was invalid and she could appeal her sentence. People v Brady-Laffer, […]
The Second Department applied the rule that an insurer’s duty to defend under a policy is broader than its duty to indemnify. Because the language of the policy was broad enough to cover the cause of action for unfair competition, the insurer was obligated to defend, in spite of the fact that the related breach […]
In a condemnation case where a portion of a sand and gravel quarry was taken, the Second Department affirmed the lower court’s valuation of the condemned property. The quarry owner argued that an income-based analysis, rather than a sales-comparison (land-value) approach, should be employed. The Second Department determined that the income-based analysis (projected profits minus […]
In an inmate’s disciplinary hearing, the hearing officer’s refusal to allow an inmate to call witnesses, without providing the inmate with a written statement explaining the reasons for the refusal, together with the hearing officer’s refusal to allow the inmate to question witnesses, required a new hearing before a new hearing officer. In the Matter […]
Defendant’s claim that a DNA analyst’s expert testimony violated the Confrontation Clause because it was based on reports made by non-testifying witnesses was rejected, principally because the claim was deemed unpreserved. There is a substantive discussion of preservation requirements. The Court, however, noted that the Court of Appeals held a similar DNA report was nontestimonial […]
The fact that the plaintiff signed a general release and hold-harmless agreement was not enough to settle the case. There was no proof the plaintiff’s attorney communicated plaintiff’s acceptance of the settlement offer to the defendant or defendant’s insurance carrier. Therefore, plaintiff, with a new attorney, was allowed to go forward with the lawsuit and […]
Before a party can be estopped from denying paternity the court must be convinced applying equitable estoppel is in the best interest of the child. Here the child was eight years old, knew the respondent as her father, with his encouragement, and relied on respondent to be her father. Family Court’s finding the respondent was […]
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