The First Department, reversing Family Court, determined the evidence did not support finding father had neglected the child. The child was asleep during the incident: The Family Court’s finding that the father neglected the subject child lacks a sound and substantial basis in the record because a preponderance of the evidence does not demonstrate that […]
The First Department, reversing Supreme Court, determined defendants’ motion for summary judgment in this medical malpractice action should not have been granted. Although the alleged malpractice (the failure to follow up on a detection of a mass) occurred in 2006, the continuous treatment doctrine tolled the statute of limitations. A year and three month gap in […]
The First Department, reversing Supreme Court, determined that installment payments due prior to six years before the action on the notes could not be recovered despite the allegation that the debt had been accelerated: Acceleration causes those future installment payments that are not yet due and payable to become immediately due and payable. It enables […]
The Fourth Department affirmed Supreme Court’s ruling that the officer did not have a sufficient basis for detaining the defendant on the street, searching defendant’s bag and transporting defendant to the burglary scene: The evidence at the suppression hearing established that the officer who initiated the encounter with defendant was responding to a radio dispatch […]
The Fourth Department, remitting the matter to Supreme Court, noted that Supreme Court did not rule on defendant’s motion for a trial order of dismissal: Defendant … contends that the evidence is legally insufficient to support the conviction with respect to the weapon possession counts and that the court thus erred in denying his motion […]
The Fourth Department, reversing Supreme Court, determined there was a question of fact whether defendant driver of the motorcycle (Baker) could have avoided this intersection traffic accident case. The motorcycle had the right-of-way and collided with defendants’ (Willow Bend’s) truck. Plaintiff was a passenger on the motorcycle. Willow Bend’s cross motion against the driver of […]
The Fourth Department, reversing Supreme Court, determined the proof did not establish the placement of a rug was a dangerous condition in this slip and fall case: Plaintiff commenced this action seeking damages for injuries she sustained when she allegedly tripped and fell on a rug while walking through a restaurant owned and operated by […]
The Fourth Department noted that the decision whether to admit or deny the allegations in a predicate felony statement is reserved to the defendant personally, not defense counsel: … [W]hether to admit or controvert the allegations in a predicate felony statement is a “fundamental” decision “comparable to how to plead and whether to waive a […]
The Fourth Department, reversing Supreme Court, determined it was reversible error to fail to conduct a hearing to determine defendant’s mental condition after defendant had been examined by two psychiatrists who concluded defendant suffered from a dangerous mental condition. The error was not preserved but was reviewed in the interest of justice: Defendant now appeals, […]
The Fourth Department, reversing Supreme Court, determined defendant was not eligible for a parole supervision sentence and the court, defense counsel and the prosecutor mistakenly believed defendant was eligible. Defendant’s guilty plea was based upon the understanding the court would consider such a sentence (which the court ultimately did not impose). Because all parties misunderstood […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy