The Fourth Department, reversing Supreme Court, determined plaintiff’s motion to set aside the defense verdict in this traffic accident case should have been granted. Defendant made a left turn in front of plaintiff’s motorcycle: A court should be guided by the rule that, “if the verdict is one that reasonable persons could have rendered after […]
The Third Department determined the sentencing court should not have imposed an enhanced sentence because the record did not demonstrate defendant was warned the use of drugs while on furlough would result in a stiffer sentence: … “[A] court may not impose an enhanced sentence unless, as is relevant here, it has informed the defendant of […]
The Third Department, over a two-justice dissent, determined petitioner correction officer was not entitled to a two-year workers’ compensation leave of absence because there was support in the record for the finding petitioner was not assaulted. Petitioner was injured trying to prevent an inmate from swallowing contraband: … [R]espondent advised petitioner that, pursuant to Civil […]
The First Department, reversing Supreme Court, determined plaintiff was engaged in construction (alteration) at the time of his injury. His Labor Law 241(6) cause of action, therefore, should not have been dismissed: Plaintiff alleges that he was injured while installing a refrigeration condenser unit at premises owned by Boss and leased by Antillana. We find […]
The Second Department determined plaintiff failed to demonstrate the allegedly defective swing was the proximate cause of his injury. Plaintiff alleged the swing was crooked causing his daughter to begin to slip off the seat and he fractured his hand trying to stop the swing. The Second Department noted that the assumption of the risk […]
The Second Department, after an expedited review pursuant to the new Criminal Procedure Law section 245.70, vacated the protective order and remitted the matter to allow the defense to oppose the application for a protective order: I conclude that the Supreme Court should have afforded defense counsel an opportunity to be heard on the People’s […]
The Second Department, reversing defendant’s conviction determined the identification evidence was too weak to support the conviction in this robbery case. The conviction was deemed to be against the weight of the evidence: Upon the exercise of our independent factual review power (see CPL 470.15[5]), we conclude that the verdict of guilt was against the weight […]
The Second Department determined the zoning board properly held that petitioner’s. Cradit’s, use of her property for short-term guests was not a legal nonconforming use: … [W]e agree with the Board’s determination that Cradit’s use of her property was not a legal nonconforming use. Contrary to Cradit’s argument, in renting out the residence on the […]
The Second Department, reversing Family Court, determined the evidence did not support the termination of mother’s parental rights. During the trial discharge of the child to mother, the petitioner made no effort to place in a school closer to mother and mother allowed the child to stay at the foster home on weeknights to attend […]
The Second Department, reversing Supreme Court, determined the plaintiff bank in this foreclosure proceeding did not prove it had standing, that the defendant was in default, or that the notice provisions of Real Property Actions and Proceedings La (RPAPL) 1304 were complied with. With respect to standing, the Second Department wrote: … [T]he plaintiff submitted […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy