The Third Department determined defendant was not accorded a reasonable time to exercise his right to appear before the grand jury and affirmed the dismissal of the indictment: … [T]he People were required pursuant to CPL 190.50 (5) (a) to “accord . . . defendant a reasonable time to exercise his right to appear as […]
The Third Department, reversing Supreme Court, determined there was a question of fact about whether plaintiff did enough to mitigate damages stemming from the two-day breakdown of a concrete mixer. Plaintiff manufactured and sold precast concrete products: … [D]efendant relied upon a policy provision that required plaintiff to reduce its losses by undertaking efforts to […]
The Third Department, in a comprehensive decision too detailed to fairly summarize here, determined claimant was entitled to more compensation for 3.86 acres for an airport runway and 80.72 acres for an avigation easement appropriated by the County. The court considered the following issues: (1) the entire 97.48 acres, as opposed to a 12.9 acre […]
The Third Department, reversing Supreme Court, determined respondent (Ferreira) had waived his right to arbitrate his discharge from employment as a teacher pursuant to the collective bargaining agreement (CBA) because he sought an action at law seeking the same relief on the same grounds, as well as damages: “Generally, when addressing waiver, courts should consider the amount of […]
The Third Department, reversing Supreme Court in this negligence entrustment action, determined there were questions of fact whether defendant had dominion and control over a scooter which was for sale at a car dealership and therefore “owned” the scooter, whether defendant knew decedent was not competent to operate the scooter, and whether defendant gave the decedent […]
The Third Department, reversing the Workers’ Compensation Board, determined the appeal should not have been dismissed for failure to include the date when the objection upon which the appeal is based was made. Apparently there was only one hearing and the regulation in effect at the time of the appeal application did not specifically require the […]
The Third Department, reversing the Unemployment Insurance Appeal Board, over a two-justice dissent, determined claimant, a part-time community college instructor, should not have been awarded unemployment benefits because he had been notified he would be employed in the semester after the summer break. The dissenters argued his employment depended upon course-enrollment which was uncertain: Pursuant […]
The Third Department, reversing defendant’s “falsely reporting an incident” conviction, in a full-fledged opinion by Justice Pritzker, determined defendant’s tweets were protected by the First Amendment. Defendant was accused of falsely tweeting she was the victim of a racially-motivated assault: … [A]lthough it was “not unlikely” that defendant’s false tweets about a racial assault at […]
The Second Department, reversing Family Court, determined the evidence did not support the neglect finding against father based upon domestic violence and marijuana use: … ” [A] finding of neglect is proper where a preponderance of the evidence establishes that the child’s physical, mental, or emotional condition was impaired or was in danger of becoming […]
The Second Department, ordering a new hearing, determined the Support Magistrate did not apply the correct standard to whether respondent (father) was served with the petition seeking an order of filiation and child support. The burden of proof of proper service was on mother: The Support Magistrate did not apply the correct standard in weighing […]
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