The Second Department determined father’s consent to the adoption of his child is not required where the father has not maintained contact with the child: “A biological father’s consent to adopt a child over six months old who was born out of wedlock is required only if the father ‘maintained substantial and continuous or repeated […]
The Second Department, reversing Supreme Court’s denial of plaintiff’s motion to set aside the defense verdict and ordering a new trial in this slip and fall case, determined the defense verdict was against the weight of the evidence: “A jury verdict should not be set aside as contrary to the weight of the evidence unless […]
The Third Department, in a full-fledged opinion by Justice Clark, reversing Supreme Court in this custody matter, determined: (1) New York was not the child’s “home state” because the child had resided in Italy for the 10 months before the action was commenced (therefore New York did not have jurisdiction): and (2) father’s application for […]
The Second Department noted that where balances of first mortgage loans are increased with second mortgage loans and a Consolidation, Extension, and Modification Agreement (CEMA) is entered consolidating the mortgages into single liens, the first notes and mortgages still exist. And where, as here, there has been an erroneous discharge of mortgage without a satisfaction […]
The Third Department, reversing Supreme Court, determined (1) the built-in water heater plaintiff was attempting to shut off was a “structure” within the meaning of Labor Law 240(1); (2) plaintiff (Eherts) was engaged in repair, a covered activity, not routine maintenance; and (3) the Labor Law 200 cause of action should not have been dismissed. […]
The Third Department, in a full-fledged opinion by Justice Clark addressing several issues not summarized here, determined the complaint stated a cause of action for “gender-biased verbal assault, battery and harassment, Civil Rights Law 79-n” and the three-year statute of limitations applied to that cause of action. The lawsuit was brought by a former client […]
The Third Department determined petitioner was entitled to attorney’s fees because petitioner substantially prevailed on certain requests for documents after commencing an Article 78 proceeding. With respect to one of the requests, although respondent had agreed to allow petitioner to view the requested electronic files using respondent’s viewing program, respondent, without good reason, denied petitioner’s […]
The Third Department, reversing (modifying) Supreme Court, determined the temporary maintenance awarded the wife should have commenced on the date of her application for temporary maintenance, not the prior date when she became unemployed: We … agree with the husband that Supreme Court erred in ordering him to pay arrears retroactive to the wife’s date […]
The Second Department, reversing Supreme Court, determined plaintiff’s summary judgment motion in this foreclosure action should not have been granted. Strict compliance with the notice requirements of RPAPL 1304 was not demonstrated with admissible evidence: … [I]n support of its motion Bayview [plaintiff, successor-in-interest to the original plaintiff, Bank of America (BoA)] submitted the affidavit […]
The Second Department, reversing Supreme Court, determined defendants’ motion for summary judgment in this bicycle-fall case should have been granted. Plaintiff could not identify the cause of his fall and the city did not have written notice of any roadway defects: “In a trip-and-fall case, a defendant may establish its prima facie entitlement to judgement […]
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