The Second Department, reversing Supreme Court, determined the defect in the stairway alleged to have caused plaintiff’s slip and fall was trivial as a matter of law: ,,, ” [A] property owner may not be held liable for trivial defects, not constituting a trap or nuisance, over which a pedestrian might merely stumble, stub his […]
The Third Department, reversing Supreme Court in this Article 78 proceeding, determined the respondent Panunzio, Commissioner of the City of Albany’s Department of General Services, did not review the hearing officer’s detailed decision before terminating petitioner’s employment with the city. Therefore the Commissioner’s determination was “arbitrary” and the Article 78 petition should not have been […]
The First Department, in a full-fledged opinion by Justice Mendez, determined Supreme Court properly certified plaintiffs as a class in this wage dispute. Plaintiffs, who acted as “flaggers” at defendants’ construction sites, argued they were wrongly classified as “crossing guards” or “traffic control” and paid at a rate lower than the prevailing wage. The opinion […]
The Court of Appeals, affirming Supreme Court’s denial of the suppression motion, determined there was sufficient evidence in the record to support the motion court’s ruling. Therefore the mixed question of law and fact could not be reviewed further by the Court of Appeals. The issue was whether witnessing the exchange of an unidentified object […]
The Second Department, reversing defendant’s verdict in this sidewalk slip and fall case, determined defense counsel’s remarks in the opening and summation, alleging that the plaintiff and her lawyer, fabricated the account of where she fell, deprived plaintiff of a fair trial: … [D]uring his opening statement, the defendant’s attorney made improper remarks accusing the […]
The Second Department, reversing Supreme Court, determined plaintiff in this foreclosure action did not prove the notice of default was mailed to defendant as required by the mortgage agreement: The plaintiff’s submissions were insufficient to establish that a notice of default in accordance with section 22 of the mortgage agreement was sent to the defendant […]
The Second Department, reversing Supreme Court, determined defendants’ motion to set aside the verdict in this slip and fall case should have been granted. The defendants are the owner and tenant in the building abutting the allegedly defective sidewalk where plaintiff fell. The judge’s charge to the jury did not adequately explain how defendants’ duties […]
The Second Department, in a full-fledged opinion by Justice Taylor, determined the Correction Law provision requiring that an out-of-state sex-offender be automatically classified as a “sexually violent offender” upon residing in New York was unconstitutional as applied to the defendant: Pursuant to Correction Law § 168-a(3)(b), the People … provided notice of their intent to […]
The Second Department, reversing Supreme Court, determined the business records relied upon by plaintiff in this breach of contract action were not supported by a sufficient foundation. Therefore, under the criteria for the business records exception to the hearsay rule, the documents were inadmissible hearsay and could not support plaintiff’s summary judgment motion: “‘Records made […]
The Second Department, reversing (modifying) Supreme Court, determined the temporary restraining order prohibiting defendants from revealing plaintiff’s identity to third parties in this defamation action was an unconstitutional prior restraint on speech. Plaintiff had been allowed to sue under a pseudonym: … Supreme Court erred in granting that branch of the plaintiffs’ motion which was […]
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