The Second Department, reversing Supreme Court in this divorce action, determined a copy of the postnuptial agreement should not have been admitted pursuant to the best evidence rule: The best evidence rule requires the production of an original writing where its contents are in dispute and sought to be proven … . The rule serves […]
The Second Department sanctioned a law firm $750 for failure to appear at a mandatory mediation session to resolve an appeal: Pursuant to a Notice of Reference of the Mandatory Civil Appeals Mediation Program, the petitioner-appellant’s counsel, the petitioner-appellant, counsel for the respondent-respondent Charles Schwartz, and the respondent-respondent Charles Schwartz were directed to appear for […]
The Second Department, reversing Supreme Court, determined the petition seeking leave to file late notices of claim should have been granted. The claims arise from groundwater contamination linked to chemicals (PFOS and PFOA) used at a county airport. The Second Department noted that the county had timely notice of the essential facts of the claims, […]
The Second Department determined the attorney for the child in this divorce proceeding properly made a motion seeking attorney’s fees for the appeal of the matter to the Second Department and the Court of Appeals and was properly awarded attorney’s fees of over $34,000. However, the Second Department held that a hearing was necessary to […]
The Second Department, reversing Supreme Court, held that plaintiff-student could not proceed based upon a theory not included in the notice of claim. Plaintiff, who alleged she was sexually assaulted at a BOCES facility, did not allege in her notice of claim that the school district (North Shore), which did not have custody of her when […]
The Second Department, reversing Supreme Court, determined plaintiff bank did not demonstrate compliance with the notice provisions of Real Property Actions and Proceedings Law (RPAPL) 1304: … [T]he plaintiff failed to establish, prima facie, that it complied with RPAPL 1304 … . Although Menyweather [an assistant secretary employed by Nationstar Mortgage LLC, the plaintiff’s loan […]
The Second Department, reversing Supreme Court, determined plaintiff bank did not submit sufficient proof of standing to bring the foreclosure action: … [W]hile the plaintiff alleged that the note had been endorsed to it, the plaintiff failed to submit sufficient evidence to demonstrate that a copy of the note with the endorsement was attached to […]
The Second Department, reversing Supreme Court, determined plaintiff bank did not submit sufficient proof of defendants’ default, standing or the amount owed, and the deficiencies could not be cured by a second affidavit submitted in reply: … [T]he plaintiff submitted the affidavit of its assistant vice president, Keith Weinkauf. As to the defendants’ alleged default, […]
The Second Department, reversing Supreme Court, determined plaintiffs were entitled to summary judgment in this intersection traffic accident case. Plaintiffs were passengers in a car which had the right of way. Defendant may or may not have stopped at a stop before proceeding into the intersection. The Second Department noted that whether the defendant stopped or […]
The Second Department, reversing Supreme Court, determined defendant’s motion for summary judgment in this slip and fall case should have been granted. Plaintiff was knocked to the floor by a shopping cart pushed by another customer in the defendant’s store. Apparently the customer had piled items high in the cart and couldn’t see ahead of […]
Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy