You are here: / Bruce Freeman

Entries by Bruce Freeman

,

HEARSAY STATEMENTS BY A CODEFENDANT SHOULD NOT HAVE BEEN ADMITTED TO SHOW THE STATE OF MIND OF THE INVESTIGATORS QUESTIONING THE DEFENDANT; THE INVESTIGATORS’ STATE OF MIND WAS NOT RELEVANT TO ANY ISSUE IN THE CASE (FOURTH DEPT).

The Fourth Department determined references in a recorded interrogation of defendant to hearsay statements made by a codefendant should not have been admitted to show the state of mind of the investigators. The error was deemed harmless: ” ‘[T]he [Confrontation] Clause . . . does not bar the use of testimonial statements for purposes other […]

,

THE PROCEDURE SUNY BUFFALO USED TO QUESTION PARTIES AND WITNESSES ABOUT ALLEGATIONS OF PETITONER-STUDENT’S SEXUAL MISCONDUCT (SUBMITTED WRITTEN QUESTIONS) VIOLATED THE SCHOOL’S TITLE IX POLICY (LIVE CROSS-EXAMINATION); THE SCHOOL’S DETERMINATION WAS ANNULLED AND THE RECORD WAS EXPUNGED (FOURTH DEPT).

The Fourth Department, reversing the State University of New York at Buffalo (SUNY Buffalo) (respondent), held that the determination finding petitioner, a former student, violated the prohibition against sexual violence in the student code of conduct was arbitrary and capricious. The determination was annulled and the record expunged: … [R]espondent departed from its own published […]

, , ,

PLAINTIFF’S DECEDENT’S COUNSEL IN THIS SLIP AND FALL CASE DID NOT SEEK LETTERS OF ADMINISTRATION FOR FIVE YEARS AFTER PLAINTIFF’S DECEDENT’S DEATH; THE ACTION SHOULD HAVE BEEN DISMISSED PURSUANT TO CPLR 1021 (SECOND DEPT). ​

The Second Department, reversing Supreme Court, determined the slip and fall action should have been dismissed. The slip and fall occurred in 2013. The plaintiff died in 2015.and the letters of administration were issued in 2021. Plaintiff’s attorney’s failure to move for substitution of a representative within a reasonable time warranted dismissal: CPLR 1021 provides […]

UNLIKE THE GENERAL OBLIGATIONS LAW (DRAM SHOP ACT) CAUSES OF ACTION AGAINST A BAR WHICH SERVES A VISIBLY INTOXICATED PERSON WHO IS LATER INVOLVED IN A TRAFFIC ACCIDENT, A COMMON LAW NEGLIGENCE CAUSE OF ACTION APPLIES ONLY TO INJURIES CAUSED BY AN INTOXICATED PERSON ON DEFENDANT’S PROPERTY OR IN AN AREA UNDER DEFENDANT’S CONTROL AND SUPERVISION (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the common law negligence cause of action against the bar (Catch 22) which allegedly served alcohol to the minor driver should have been dismissed. The driver was involved in an accident and plaintiff’s decedent, a passenger, was killed. The General Obligations Law causes of action premised on […]

,

PLAINTIFF, A PASSENGER ON A BUS WHICH VEERED OFF THE HIGHWAY IN SNOWY CONDITIONS, WAS ENTITLED TO SUMMARY JUDGMENT (SECOND DEPT).

The Second Department, reversing Supreme Court, determined that plaintiff, a passenger on a bus which veered of the highway in snowy conditions, was entitled to summary judgment: “‘An innocent passenger . . . who, in support of [his or] her motion for summary judgment, submits evidence that the accident resulted from the driver losing control […]

,

PLAINTIFF’S PARKED VEHICLE WAS STRUCK FROM BEHIND BY DEFENDANT; PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON LIABILITY; THE FACT THAT PLAINTIFF MAY HAVE VIOLATED TRAFFIC RULES RE: PARKING SPEAKS TO COMPARATIVE NEGLIGENCE WHICH IS NOT RELEVANT TO LIABILITY (SECOND DEPT).

The Second Department, reversing Supreme Court, determined plaintiff’s motion for summary judgment in this traffic accident case should have been granted. Plaintiff’s car was parked when it was struck from behind by defendant. The fact that plaintiff may have parked in a manner which violated the NYC traffic rules speaks only to plaintiff’s comparative negligence, […]

,

THE REFEREE’S REPORT WAS BASED ON BUSINESS RECORDS WHICH WERE NOT PRODUCED RENDERING THE AFFIDAVIT HEARSAY; THE REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the referee’s report in this foreclosure action should not have been confirmed because the relevant business records were produced to support the affidavit: Here, the referee based her findings upon her review of the note and mortgage, the summons and complaint, and an affidavit of merit and amount […]

, ,

ALTHOUGH PLAINTIFF WAS WORKING ON DEFENDANT’S PRIVATE RESIDENCE WHEN INJURED, THE HOMEOWNER’S EXEMPTION TO LABOR LAW 241(6) LIABILITY MAY NOT APPLY BECAUSE PLAINTIFF WAS EMPLOYED AS A CARPENTER BY DEFENDANT AND DEFENDANT MAY HAVE BEEN DIRECTING AND SUPERVISING THE WORK; SIMILARLY, DEFENDANT WAS NOT ENTITLED TO DISMISSAL OF THE LABOR LAW 200 AND COMMON LAW NEGLIGENCE CAUSES OF ACTION (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the defendant did not eliminate questions of fact about whether the homeowner’s exemption applied to the Labor Law 241(6) cause of action and whether he was liable under the Labor Law 200 and common law negligence causes of action. Although the plaintiff was working on defendant’s private residence, plaintiff […]

, ,

IN THIS FORECLOSURE ACTION, THE PROOF THE NOTICE OF FORECLOSURE WAS MAILED IN ACCORDANCE WITH RPAPL 1304 WAS INSUFFICIENT; THE REFEREE’S REPORT SHOULD NOT HAVE BEEN CONFIRMED (SECOND DEPT).

The Second Department, reversing Supreme Court, determined the referee’s report in this foreclosure action should not have been confirmed. The proof the notice of foreclosure was mailed in accordance with RPAPL 1304 was insufficient: … [T]he testimony of the plaintiff’s sole witness at trial, Lawrence Nardi, a case manager for the plaintiff’s servicer, Select Portfolio […]

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy