The Second Department, reversing Supreme Court, determined the arbitration award should not have been confirmed because it was indefinite and nonfinal: Although judicial review of arbitration awards is limited …, an award will be vacated when the arbitrator making the award “so imperfectly executed it that a final and definite award upon the subject matter submitted […]
The Second Department, reversing Supreme Court, determined the insurer’s petition to permanently stay arbitration in this rear-end collision should have been granted. The insured sought to recover uninsured motorist benefits but did not timely notify the insurer of the accident: The respondent, Irina Ostapenko, allegedly was injured when the vehicle she was driving was struck […]
The Second Department, reversing Supreme Court, determined the petition for leave to file a late notice of claim against the school district should not have been granted. The petitioners are the parents of students who were participating in football training when the pole or log they were carrying dropped and fatally injured another student. The […]
The Second Department, reversing Family Court, determined than mother’s petition for custody should not have been dismissed without a hearing and noted that a custody petition may be heard jointly with a permanency hearing: The appeal from the order dated September 27, 2018, has not been rendered academic by the permanency hearing order dated November […]
The First Department, reversing (modifying) Supreme Court, determined that unloading a heavy coil from and truck was an activity covered by Labor Law 240 (1): Plaintiff was injured when an air conditioning system coil that weighed at least 300 pounds and was being transported secured to two dollies fell on his leg as he and […]
The First Department, reversing Supreme Court, determined that defendants’ motion for summary judgment on the Labor Law 240 (1), 241 (6) and 200 causes of action should have been dismissed. Plaintiff’s work was not “altering” within the meaning of Labor Law 240 (1) and was not part of the general contractor’s (Greenlight’s) contract with the […]
The First Department, reversing Supreme Court, setting aside the verdict, and ordering a new trial, determined that the motion for a directed verdict should not have been granted prior to the close the plaintiff’s case. Plaintiff had brought an action against the City of New York pursuant to 42 USC 1983 alleging he had not […]
The Court of Appeals, over an extensive two-judge dissenting opinion, and another dissent, determined that the modification by the Appellate Division could not be appealed: “[A]n Appellate Division reversal [or modification] based on an unpreserved error is considered an exercise of the Appellate Division’s interest of justice power” … . Moreover, the Appellate Division’s characterization […]
The Court of Appeals, reversing (modifying) the Appellate Division, determined the evidence presented to the grand jury was not sufficient to support attempted third or fourth degree larceny. Apparently defendant used a sticky object to “fish” mail out of a mailbox. Although there were money orders in the mailbox, the money orders were not stuck to […]
The Court of Appeals, in a full-fledged opinion by Judge Wilson, affirming the Appellate Division, determined juror misconduct deprived defendant [Dr. Neulander] of a fair trial: The Appellate Division concluded that the trial court abused its discretion by denying [defendant’s] CPL 330.30 motion to set aside the verdict against him based on that juror misconduct. […]
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