The Second Department, in a decision by Justice Scheinkman, reversing Supreme Court, vacated a protective order concerning the disclosure of certain evidence to the defense: I agree with the defendant that the People should have been required to disclose to defense counsel the general nature of the information that the People sought to be protected […]
The Second Department, reversing Supreme Court, determined the referee’s findings in this foreclosure action were based upon inadmissible hearsay: “The report of a referee should be confirmed whenever the findings are substantially supported by the record, and the referee has clearly defined the issues and resolved matters of credibility” … . Here, contrary to the plaintiff’s […]
The Second Department, setting aside the defense verdict in this traffic accident case, determined the bus driver was negligent as a matter of law. To avoid a stopped vehicle the driver (Barreto) crossed a double yellow line and lost control of the bus which crashed into a store. The plaintiffs were bus passengers: This Court […]
The Second Department, reversing (modifying) Supreme Court, determined that the motion to dismiss for failure to name a necessary party should not have been granted. Rather the court should have ordered the party summoned: … [T]he Supreme Court should have denied that branch of [defendant’s] motion which was pursuant to CPLR 3211(a)(10) to dismiss the […]
The Second Department, reversing Supreme Court, noted that vacating the note of issue automatically removes the case from the trial calendar and restores the action to the pre-note of issue discovery stage. The Second Department also determined the motion to extend the time to file a note of issue, citing law office failure, should have […]
The Second Department determined a letter agreement regarding a lease was not an enforceable contract but rather was an agreement to agree: In a document dated June 27, 2012 (hereinafter the 2012 letter agreement), the parties “consolidate[d] all existing letter agreements to the same expiration date” of February 28, 2015. The 2012 letter agreement also […]
The Second Department, reversing Supreme Court, determined defendant was not liable for plaintiff’s slip and fall because abutting property owners are not responsible for the condition of tree wells in a sidewalk: Administrative Code of the City of New York § 7-210 places the duty to maintain a sidewalk in a reasonably safe condition on the […]
The Second Department, reversing the conviction and ordering a new trial, determined defendant’s motion the sever the trials of two distinct robberies should have been granted. Defendant demonstrated the need to testify about his defense of duress re: one of the robberies, and his need to refrain from testifying re: the other robbery due to the Sandoval ruling: […]
The Third Department determined the admission into evidence of a revolver which could not be connected to the shooting at issue was (harmless) error: Defendant next argues that County Court erred in admitting into evidence an operable .38-caliber revolver, containing five spent rounds, that was recovered from a nearby rooftop a few days after the […]
The Third Department noted that referring to the complaining witness using the term “victim” should be avoided at trial where the witness’s credibility is in issue, but found no error in the way the trial judge handled the matter in this sexual-offense case: In [a] motion in limine, defense counsel sought to preclude references to the “victim,” […]
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