The Third Department determined defendant should not have been shackled during the trial, but deemed the error harmless: Defendant … contends that County Court erred in allowing him to be shackled during a portion of the trial. It is well settled that “a defendant has a right to be free of visible restraints during criminal […]
The Third Department, in a full-fledged opinion by Justice Pritzker, determined the State Board on Electric Generation Siting and the Environment (siting board) had properly approved the Bluestone Wind Farm Project. The siting board properly ignored local laws enacted by the town after the evidentiary hearing was closed which attempted to impose a moratorium on […]
The Second Department, reversing Supreme Court in this medical malpractice action, determined evidence that plaintiff’s decedent’s sister carried a gene which increased the chance of developing ovarian cancer should have been admitted: “Establishing proximate cause in medical malpractice cases requires a plaintiff to present sufficient medical evidence from which a reasonable person might conclude that […]
The Second Department determined the fact the site plan was approved by the planning board without signage did not constitute segmentation under the State Environmental Quality Review Act (SEQRA): The fact that the site plan was approved without signage did not constitute segmentation under SEQRA. Segmentation is defined as the division of the environmental review […]
The Second Department, ordering a new modification of custody hearing, determined Family Court did not ensure that father’s waiver of his right to counsel was voluntarily and intelligently made: In order to determine whether a party has validly waived the right to counsel, a court must conduct a “searching inquiry” to ensure that the waiver […]
The Second Department, reversing Supreme Court, determined the causes of action for tortious interference with contract and tortious interference with business relations against defendant JAZ were precluded by the doctrine of res judicata: “Under res judicata, or claim preclusion, a valid final judgment bars future actions between the same parties on the same cause of […]
The Second Department, reversing Supreme Court, determined the time for interposing an answer in this foreclosure action never started to run because the court never entered an order deciding defendant’s motion to dismiss: The Supreme Court, however, erred in granting those branches of the plaintiff’s motion which were for leave to enter a default judgment […]
The Second Department, reversing Supreme Court, determined plaintiff should not have been allowed to conform the pleadings to the proof re: piercing the corporate veil for two reasons: (1) defendant Chilled was prejudiced by the failure to plead facts supporting the alter ego theory; and (2) the proof at trial did not demonstrate Chilled was […]
The First Department, reversing Supreme Court, determined the assault and battery causes of action against the city did not require demonstration of a special duty owed plaintiffs by the police: Plaintiff’s … causes of action sounded in assault and battery, and not negligence. Therefore, the question was not whether the police owed plaintiff a special […]
The First Department, reversing Supreme Court, determined plaintiff law firm was entitled to summary judgment on the account-stated causes of action seeking payment of attorney’s fees, despite the termination of the attorney-client relationship: Plaintiff law firm … established entitlement to summary judgment on its claim for an account stated with respect to its June invoices […]
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