The Second Department noted that the murder second degree conviction should have been dismissed as an inclusory concurrent count of murder first degree: … [T]he defendant’s conviction of murder in the second degree pursuant to Penal Law § 125.25(1) under count 2 of the indictment, as well as the sentence imposed thereon, must be vacated […]
The Second Department, over an extensive dissent, determined the radiologist’s motion for summary judgment in this medical malpractice (failure to diagnose) action should have been granted. The radiologist was asked to evaluate a “routine-screening” mammogram and indicated there were no suspicious findings. A year later plaintiff was diagnosed with breast cancer and she died a […]
The Second Department, reversing Supreme Court, determined defendant driver did not eliminate all questions of fact about whether she was negligence. Defendant driver heard a loud “thump” and plaintiff’s decedent, a 17-month old child, was found lying on the ground right behind defendant’s car. No one saw the impact: Shortly before the accident, the driver […]
The Second Department, reversing Supreme Court, determined the alleged one-inch height-differential in adjacent sidewalk slabs was not actionable in this slip and fall case: 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 or her toes, or trip […]
The Second Department determined the city charter provision did not provide for notice of pending tax lien sales to parties other than the owner which violated the due process rights of mortgagees: “The constitutional guarantee of due process requires that a party who has a substantial property interest which may be affected by a tax […]
The Second Department, reversing Supreme Court, determined the plaintiff’s representative relied on business records which were not identified or attached to demonstrate defendant’s (Huertas’s) default in this foreclosure action. Therefore the plaintiff’s motion for summary judgment should not have been granted: … [T]he plaintiff relied upon the affidavit of Crystal Dunbar, a foreclosure specialist of […]
The First Department affirmed the finding respondent committed the family offense of harassment by sending email about petitioner’s personal matters to 53 people. Although the harassment prohibitions in the order of protection did not violate the Firs Amendment, the provision in the order of protection which prohibited respondent from discussing the petitioner or the proceedings […]
The First Department, in a full-fledged opinion by Justice Acosta, affirmed the manslaughter convictions of the landlord (Hrynenko) and general contractor (Kukic) stemming from a gas explosion which killed two and injured 13. The defendants were responsible for installing an unauthorized system for delivering gas to apartments in the building. The evidence was deemed legally […]
The Second Department determined Supreme Court properly invalidated appellants’ designating petitions because they included the names of candidates who did not consent to be listed on the petitions: … [A] designating petition will be invalidated upon a showing that the entire petition is permeated with fraud … . Here, the petitioners demonstrated by clear and […]
The Fourth Department, vacating defendant’s sentence and remitting for resentencing, noted that sentence must be pronounced for each count of the conviction: … County Court erred in failing to “pronounce sentence on each count” of the conviction (CPL 380.20). Although the certificate of conviction states that defendant was sentenced on each count to concurrent terms […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy