The Second Department, reversing Family Court, determined Family Court should have reopened the neglect hearing when mother arrived just after summations: The Family Court conducted a fact-finding hearing over the course of several days, during which the mother was present, and the maternal grandmother and a DSS caseworker testified. On the fifth day of the […]
The Second Department, reversing Family Court, determined mother was not in default because her attorney appeared and the court’s refusing to admit documentary evidence offered by mother’s attorney deprived mother of her right to due process of law: The mother failed to appear … when continued fact-finding on the permanent neglect petition was scheduled, and […]
The Second Department, reversing Supreme Court, determined father should not have been directed to comply with the “cultural norms” of Hasidic Judaism when the children stay with him: We agree with the father that, by directing him to comply with the “cultural norms” of Hasidic Judaism during his periods of parental access, the Supreme Court […]
The First Department, over a two-justice dissent, determined, although the trial court erred in allowing cross-examination of a defense witness (and co-defendant), Calderon, about prior uncharged offenses allegedly involving defendant, the error was harmless. The dissenters argued the error was reversible: We agree with the dissent that the prosecutor improperly cross-examined Calderon concerning three other […]
The First Department, reversing Supreme Court, determined the defendant owner of the property leased by a restaurant had a nondelegable duty to keep a metal ramp leading from the restaurant to the sidewalk (a special use of the sidewalk) in a safe condition, notwithstanding the restaurant’s lease-obligation to remove ice and snow from the sidewalk. Plaintiff, […]
The First Department, in a comprehensive opinion by Justice Gische, over a dissent, determined there was sufficient evidence of causation to raise a jury question in this asbestos-mesothelioma action. The issues addressed included: (1) general causation; (2) specific causation; (3) whether plaintiff’s counsel’s closing required a new trial; and (4) the apportionment of damages. The […]
The Third Department, reversing Supreme Court, determined there was a question of fact whether defendant out-of-possession landlord is liable for plaintiff’s slip and fall on ice on a step leading to her apartment, despite it being plaintiff’s responsibility to remove ice and snow from the area. Plaintiff alleged the ice formed because of a leak […]
The Third Department, reversing Supreme Court, determined respondent Cornell did not act arbitrarily or capriciously when it refused to enroll petitioner because petitioner did not reveal he had been expelled from Kansas State for violations of its code of conduct. Petitioner argued Cornell did not follow the provisions in its Code when it refused to enroll […]
The Court of Appeals, over a partial dissent, determined the General Business Law 349 cause of action alleging deceptive business practices in the context of the Rent Stabilization Law (RSL) rent-overcharge suit was properly dismissed: … General Business Law … , section 349 prohibits “deceptive acts or practices in the conduct of any business, trade or […]
The Third Department, reversing Family Court, determined the attorney for the child (AFC) was properly allowed to proceed with the neglect petition after the petitioner requested to withdraw the petition. However the evidence of educational and medical neglect was insufficient: … [W]e perceive no error or abuse of discretion in Family Court declining to dismiss […]
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